Licensing Authority 2008

BARNSTABLE LICENSING AUTHORITY

LICENSING HEARING MINUTES Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m.

January 7, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, January 7, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: One Day Wine & Malt Licenses (3): Request of James Wolf on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for three one day wine & malt licenses for a Poetry and Chili Fest on 1/19/08 from 6 pm to 10 pm; a Concert on 1/26/08 from 8 pm to 11 pm and an Art Show Opening on 3/8/08 from 4:30 pm to 7:30 pm. Mr. Wolf did not appear for his request. This was continued to 1/15/08 and the applicant will be notified. Hearings: Change of D/B/A: Request of 4120 Corp., d/b/a Cotuit Pantry, Vincent Holland, Manager, 4120 Falmouth Road, Cotuit holding an Annual Wine & Malt Package Store License for Change of d/b/a to Big Daddy’s Pizza. No-one appeared for this request. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the request of 4120 Corp., d/b/a Cotuit Pantry, Vincent Holland, Manager, 4120 Falmouth Road, Cotuit holding an Annual Wine & Malt Package Store License for Change of d/b/a to Big Daddy’s Pizza to special meeting 1/15/08 at 10:00 a.m. and that the applicant be notified.

Town of Barnstable Regulatory Services Thomas F. Geiler, Director Licensing Authority

200 Main Street Hyannis, MA 02601

www.town.barnstable.ma.us Telephone: (508) 862-4674 Fax: (508) 778-2412

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New Class II Auto Dealer License: Application of Edward A. Santoro, d/b/a Hyannis Auto Sales, 498 West Main Street, Hyannis, for a New Class II Auto Dealer License, the hours to be open being M-F 9 am to 5 pm, Sat. 9 am to 3 pm, for a total of 26 vehicles on site. No repairs on site. Mr. Santoro appeared for his request. He plans to sell used automobiles. The location was a Class II Auto dealership as well. He has sold at Beard Chevrolet for 12 years and was also at Hyannis Toyota and service work at Meineke in Hyannis, which will give him experience for purchasing vehicles. Mr. Burman had one question – the total of 26 vehicles. Confirmed it includes all vehicles on site including customers and employees. Mr. Sullivan went by yesterday counting 22 vehicles – and said the place was packed. Mr. Sullivan will propose 20 rather than 26 as it seemed so crowded to him. Mr. Hoxie asked if the site could be revisited. Mr. Geiler stated the 26 should be appropriate as the total number. Tom Perry, Building Commissioner, stated if the car has no plate or a dealer plate it is for sale. He stated we need to know how many spaces are for customers and for display (for sale) vehicles. The police department is only concerned with the total number. Mr. Burman asked for a suggestion as to a formula for total number as opposed to display number. Lt. Jason stated they go out at night and only check the TOTAL. Tom Perry suggested they get together for a meeting to resolve the issue. She stated they can only enforce the total number. Tom Perry indicated it is part of Site Plan Review to break it up. Tom Perry indicates from the map it shows 20 spaces for vehicles for sale; room on the driveway does not count. Officer Maher indicated that there are 26 spaces and Tom Perry agreed with that. He stated there was a car fire last year at another location, and there were so many cars 7 were affected. He thinks we should go with the total spaces indicated by Site Plan Review. Paul Sullivan has heard over the past 1-1/2 years all the problems with overcrowded lots and his thoughts are that the total numbers have to be looked at closely. Mr. Burman suggests we have a meeting to discuss it, but proposed granting the 26 maximum at present. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Edward A. Santoro, d/b/a Hyannis Auto Sales, 498 West Main Street, Hyannis, for a New Class II Auto Dealer License, the hours to be open being M-F 9 am to 5 pm, Sat. 9 am to 3 pm, for a total of 26 vehicles on site, and no repairs or car washing on site. New Junk Dealer License: Application of Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 53 Thornton Drive, Hyannis, MA, Timothy J. Ferreira, Manager, for a New Junk Dealer’s License. Continued from 10/29/07; request from Attorney to continue to January 7, 2008. Tim Ferreira appeared for his hearing with Attorney James Connors. Attorney Connors stated that at this point, Mr. Ferreira is in the process of reconfiguring his businesses to be more “Town friendly.” He would like to withdraw the current

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application. He stated there was a new license application filed this morning. Mr. Geiler stated there was NOT an application filed today – this is not the place to file an application. Attorney Connors stated they were told to come over to the hearing room to get a signature from Licensing on a business certificate for #31. He advised them to bring it to 200 Main Street. Attorney Connors presented the Board with a request for the Board to waive future defenses relative to statute of limitations arising out of the licensing application appeal or new application. Mr. Hoxie confirmed that the application for #54 Thornton Drive has been withdrawn. New Annual Wine & Malt Package Goods Retail License: Application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License. Patrick Butler, Esq. appeared for this application with his client, Christy Mihos, Manager of Christy’s of Cape Cod, LLC. He is the sole member of that LLC. Mr. Mihos thanked the Board for letting them come before us this morning. The store is next door to 50 Ocean Street. He stated he has sold beer and wine as a matter of right in Christy’s all over New England. He is well versed in operating these types of licenses. He stated they have an all alcohol retail license in Orleans. He is in the stores every day. Works with the Manager and Assistant Manager closely to make sure the license is run properly. Attorney Butler represented that a discussion took place with Mr. Mihos about the responsibility of this license. He has read the rules and regulations and is very familiar with them. This license has been contemplated for over a year. There will be no changes in the footprint of the building – just adding 4 coolers on one wall. There is an issue of zoning in the Harbor District; it is no longer an allowed use (retail). They have looked at case law regarding intensification of use at the location. He will be meeting on Thursday with Tom Perry to ascertain if any zoning/planning relief is required. He states it is his belief that it is just a change from selling donuts and coffee to selling beer and wine. They believe being in the growth incentive zone, near harbor and marinas, it meets the community need and public good. Attorney Butler believes the pre existing non-conforming use has not changed. It IS a grandfathered use and is not being intensified. He cited a Costco case where the retail use changed but was still a retail use. It is still a convenience store with gas pumps. They do not believe this is an expansion. Mr. Sullivan wanted to clarify intensification – is it the volume of people in and out? The volume of sales? Attorney Butler stated that for 15 years the zoning code states if you have a use that changes the parking it requires site plan review. This matter does not require that. There is also a traffic manual based on use – again it is not changing. It is retail store to retail store. The Dunkin Donuts was very busy certainly. He will work with Tom Perry to resolve this. They may not even have to get into the traffic situation. Mr. Mihos stated the business has really changed since Dunkin Donuts has moved out. Mr. Hoxie asked Mr. Perry to speak on his thoughts. Tom Perry stated this was discussed generically a year ago. The place is there by Special Permit only since its inception. This will come into play. He feels adding

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beer and wine WOULD require a Special Permit if adding liquor. Mr. Hoxie asked if he had a problem approving the application pending ZBA approval? Tom Perry stated it is up to the Board. Mr. Butler stated he has had other cases go before Zoning with other Boards already approving. Gene Burman recalled that this Special Permit application was for a gas station with a convenience store, which has been operating for many many years. In 1979 there was a Special Permit. Attorney Butler stated they will present a letter stating they will not use the license if not approved by ZBA. Tom Geiler stated it would be cleaner to continue the request. Attorney Butler asked if the Board could act today on the premise that the license be turned in pending any negative result of the Zoning Board. Mr. Hoxie stated he would like to hear from the public who seem to be here today for this application and the need for this service. Mr. Butler stated there will soon be a large condominium unit within walking distance. The underlying zoning in the harbor district shows a desire to have the area revitalized – with the usual and appropriate use of sale of beer and wine here. Mr. Hoxie asked if it was fair to say there are 2 beer and wine package stores nearby? Attorney Butler states that he believes there are 2 within ½ mile but both not in easy walking distance. Mr. Butler states the idea of walkability is a need – a use where people can walk to do things. He stated they want to try to keep things within the “neighborhood.” Cynthia Cole, Hyannis Main Street Business Improvement District, appeared to speak. She stated the line was out the door with coffee sales at that location. She thinks that was much more intense than it will be from now on. She stated Christy’s has been a good neighbor and Christy himself has been very cooperative and is an excellent businessman. She believes we need to be growing and with more visiting boats coming in and goods and services available to those people it would be a good idea. Walkability is extremely important to revitalization. She hopes the Board will approve this application today. Gary Brown came forward as well speaking in favor of this license. He was President of the Town Council – he submitted the proposal to close from 1-3 which passed. Christy Mihos as a retailer supported him, and was the only one who did. He supports the Town. Gary Brown ran a water taxi for the Hyannis Angler’s Club. Many people he taxied asked where the closest package store was. Many of them said forget it when he told him how far the stores were away from the harbor. He said the Town lost revenue this way. Again, Mr. Mihos’ office is right near the store. He thinks it would be a great convenience. Lt. Jason stated Mr. Mihos has been an exceptional business owner – and his spearheading the closings from 1-3 was extremely helpful. Mr. Hoxie stated he had an email from Arthur Kane– it stated the location is near the park and where the homeless hang out…and we do not need to make it easier for them to get alcohol. Mr. Butler stated Mr. Mihos would stay on top of that situation. They are willing to continue to February 4th if it makes more sense and to satisfy Mr. Geiler. He will submit to the Board some zoning information. Mr. Hoxie asked if

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there was discussion from the Board needed to make a decision. Mr. Burman as a business person stated he knows how hard it is to have delays…he also knows about the Zoning Board; thinks this may be the Planning Board, not the Zoning Board and that they usually look for the approval of other Boards at their hearings. Mr. Burman stated we should approve it today and that we have a very knowledgeable Building Commissioner who is also very cooperative and that they will get this resolved. Mr. Hoxie asked if we approve will it prejudice the Planning Board. Mr. Butler stated it will not; our approval is just that the applicant has met OUR conditions for the license they are applying for. Mr. Hoxie asked Mr. Geiler again about the way this is done. Mr. Geiler stated the Licensing Dept. has 3 days to get the paperwork to the ABCC. That means it has been approved. The process for rescinding a license is difficult; the Licensing Authority cannot simply take a license back. Mr. Butler stated that a holder of a license MAY voluntarily turn in the license and not use it. They would agree in writing to so this. Then the Board could vote it revoked. The other way would be for us to approve the License, send it to the ABCC for approval, and then have us just HOLD the license for approval. Mr. Butler also offered not to tender the fee if approved by the ABCC until determination is made. Zoning takes 6-8 weeks; Planning Board is quicker. Tom Perry stated it IS the Planning Board. Mr. Perry stated it should only take a few days to determine where this needs to go. Mr. Butler agreed to continue to February 4th and get resolution. Mr. Hoxie made a recommendation that this be heard on Monday, January 14th. Mr. Butler was not available that day. Mr. Hoxie then asked that it be continued to Tuesday, January 15, 10:00 a.m., location to be determined for a room This was agreed to by Attorney Butler and Mr. Mihos. Show Cause Hearing: Show Cause Hearing requested by Barnstable Police Dept. on Ardeo on Main, 644 Main Street, Hyannis, Joseph Jamiel, Manager, for violation of Town Rules and Regulations of the Licensing Authority Ch. 501-7 paragraph b for pricing wine sales on November 8 and November 15, 2007 differently on those dates than other dates the same weeks. Mr. Hoxie swore in the witnesses. Officer Maher presented the police department’s case. November 8th he noticed an ad in the Cape Cod Times for half price wine. He visited the restaurant that Saturday and spoke to the bartender telling him that they were in non-compliance. He agreed to inform management. However, the next week the same ad appeared. Attorney Peter Freeman, counsel for Ardeo on Main, represented that they know what took place was as the officer represented. However it was VERBAL and the problem “did not make it to” Mr. Jamiel, the Manager. Chain of command did not get the information to the right place to remove the ad and stop the promotion. He advised this will not happen again. The second issue is that he thinks the regulation is fuzzy; Mr. Jamiel is a long time licensee and is familiar with state law and local regulations. Attorney Freemen thinks there was an intention to comply with the law and they will comply. The restaurant doesn’t promote the alcohol per se; it is a good restaurant. They did not intend it to be a draw by promoting alcohol. Subsection “d”

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lets the licensee include a drink as part of a meal package or wine by the bottle sold with meals. The client did not think, because of this, that it was illegal. The 3rd point Attorney Freeman made is that Mr. Jamiel has had a stellar record in 3 towns. He operated Christine’s, the Barnstable Tavern, and the other Ardeo’s as well. He knows what it means to be responsible. He asked for a dismissal as there has been no harm and no intentional non-compliance. Also, other towns have not shown concern (Yarmouth and Brewster). Mr. Hoxie asked if there were any questions. There were not. Mr. Sullivan asked to go back to the section of the Town Ordinance to be violated – it was “b.” He read “d” which does not modify “b” but only “c.” That is how he interprets it. Attorney Freeman still interprets “b” as being so broad it should be o.k. under “d.” He asked if they can’t DO it or just can’t PROMOTE it? Mr. Geiler stated they can do neither one. Mr. Freeman stated that evidently the bartender did not transmit what happened to the Manager…it was totally unintentional of Mr. Jamiel to ignore the request of Officer Maher. Mr. Jamiel is the Manager in South Yarmouth and Hyannis, not Brewster. Mr. Burman suggested that is the problem – there has to be a responsible party in each location so there is knowledge of what is going on. According to the police report it happened twice with an interim of 15 days without being rectified. He sees that as lack of supervision. Mr. Freemen again stated it was a problem of chain of command not getting the message to Mr. Jamiel. Officer Maher stated he DID ask for the Manager; the bartender represented he was the manager at the time – no-one else was there. He also stated he understood the advertisement. Paul Sullivan wanted to clarify, and mentioned that our new liaison officers have done an outstanding job since coming onto the Board. He does not see any need for a written communication – because the matter was handled verbally should not in any way be held against him (Officer Maher) as not doing his job correctly. Mr. Burman stated he would like it on record if you could discount just not advertise. Mr. Geiler stated you must keep the price at one level for one week at a time. He reiterated Mr. Jamiel’s operation has been good – never a problem. But there was a breakdown. The rules are there to protect from over service. He reiterated that Mr. Jamiel will not do it again. Findings: Mr. Burman proposed that we find them guilty. Paul Sullivan seconded th motion. There was a unanimous vote to find them guilty. Mr. Burman proposed a letter of warning be issued. It was seconded by Mr. Sullivan and a unanimous vote taken to issue a warning. Show Cause Hearing: Show Cause on Up the Creek Again, 36 Old Colony Road, Hyannis, John M. Evans, Manager, for complaints received from neighbor with regard to smoking patio. Continue at request of Owner/Manager, John M. Evans to next hearing – February 4, 2008, as he is out of state until after the present hearing date.

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It was represented to the Board that in accord with a telephone call from Melissa Meece, she and her husband (complainants) are in agreement with the continuance to February 4, 2008 and will be present on that date. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this hearing to February 4, 2008. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class I Auto Dealer renewals as submitted below: Class I Auto Dealers: Balise Nissan Coastal Trailer Sales Cape Cod Lincoln Mercury A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class II Auto Dealer renewals as submitted below: Class II Auto Dealers: ES Auto Sales Rotary Collision Centers West Main Auto Wheels to Work Ron’s Truck Stop Mistic Motors DeVincent Auto Brokers A&M Auto Sales Auto Wholesalers of Cape Cod Cape Auto Sales Hyannis Auto Barnstable Auto Exchange A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Lodging House renewals as submitted below: Lodging Houses:

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Green Mountain Inn B&B Beechwood Inn Josiah Sampson House Craigville Conf. Ctr. – 19 Vine Ave Craigville Conf. Ctr. – 125 Ocean Craigville Conf. Ctr. – 39 Prospect Craigville Conf. Ctr. – 1 Bluff Ave. Craigville Conf. Ctr. – 208 Lake Elizabeth Drive Rosebud Trust – 18 Quaker Road Park Square Trust III – 164 Main Street Park Square Trust III – 156 Main Street West Wind Trust – 80 Yarmouth Road A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Automatic Amusement renewals as submitted below: McDonald’s – 175 North St., Hyannis McDonald’s – 793 Iyannough Road, Hyannis McDonald’s – 654 Iyannough Road, Hyannis Wendy’s White Hen Pantry #1-0305-1 Efrain Mobile Foods – Veteran’s Beach Efrain Mobile Foods – Sandy Neck Beach Bangkok Kitchen Village Landing Quizno’s La Petite France Café Christy’s Market #616 Brown Bag Bagels & Deli Common Ground Cafe Automatic Amusement: A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Automatic Amusement renewal as submitted below: Ryan Family Amusements – 441 Main Street

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Ryan Family Amusements – CC Mall A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Video Games renewals listed below: Video Games: Ryan Family Amusements Ryan Family Amusements – CC Mall A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals listed below: Daily Non-Live Entertainment: Ryan Family Amusements – 441 Main St. Papa Gino’s – 790 Iyannough Road Papa Gino’s – Bell Tower Ryan Family Amusements – CC Mall A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday Entertainment renewals as submitted below: Sunday Entertainment: Ryan Family Amusements – 441 Main St. Papa Gino’s – 790 Iyannough Road Papa Gino’s – Bell Tower Ryan Family Amusements – CC Mall Christine Palkowski came forward to request that we not approve 80 Yarmouth Road and 156 Main Street Lodging House renewals until we can hear testimony from Tom McKean, Health Department. Mr. McKean came forward regarding the two places not to be renewed – problems were because of lack of heat, electricity, etc. and the problems arose because of non payment of utility bills by the Landlord. Mr. Hoxie asked that we notify the Lodging house owners to come to the meeting 2/4/08. Mr. McKean stated his inspectors advise the owners they have 24 hours to get the heat on, etc. They checked the next day and it WAS back on. He wants to prevent the recurring nature of these problems. Mr. Hoxie requested we renew these licenses only until 2/4/08 without issuing the license and that we notify them in hand to be at the 2/4 meeting. Mr. Geiler asked that Mr. McKean get the names for us of anyone with a financial interest in these two properties so this does not happen again and provide us with his documentation on these lodging houses.

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Other Business: Discussion took place relative to a sound study by Harris Miler Miller & Hanson provided to the Board members for review. Mr. Hoxie asked for comments. Mr. Burman stated he could not make much out of it. Mr. Hoxie stated that if Growth Management is happy with it, the Board should be. Christine Palkowski from the Legal Dept. stated that the Fire Dept. stated that they have no problems and the Building Commissioner had no problems. Mr. Hoxie stated it will eliminate problems with new construction as far as noise issues go. Mr. Sullivan asked about cost impact – Christine said that it would be just for new construction, would not affect places existing already. Mr. Geiler stated it would seem to him that if they will be investing this type of money, there must be a “carrot” out there for them somewhere. This building standard is very high. If they build to this standard then we cannot later find them responsible if there are noise problems. It provides some protection to the establishment. He stated we should meet them halfway or no-one will do it. Once the building is built, the Manager of the facility can then decide what type of entertainment – volume etc. and the noise problems because of those choices are different from place to place; maybe even coming up with limitations as to types of instruments, etc. Gene Burman asked if there was any progress as far as noise issues with the Melody Tent last year – citing we had referred questions to Mr. Niedzweicki, then Assistant Town Manager, who is no longer here. Mr. Geiler stated the problem has not been totally resolved. They still have the responsibility not to irritate the residents in Hyannis. Adjourned at 11:25 a.m. until Tuesday, 1/15/08 at 10:00 a.m.. Respectfully submitted, ______________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority


SPECIAL LICENSING HEARING MINUTES Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 10:00 a.m.

January 15, 2008 A special meeting of the Barnstable Licensing Authority was held on Tuesday, January 15, 2008. Chairman Martin Hoxie called the meeting to order at 10:00 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: One Day Wine & Malt Licenses (3): Request of James Wolf on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for three one day wine & malt licenses for a Poetry and Chili Fest on 1/19/08 from 6 pm to 10 pm; a Concert on 1/26/08 from 8 pm to 11 pm and an Art Show Opening on 3/8/08 from 4:30 pm to 7:30 pm. Continued from 1/7/08. Mr. Wolf appeared for these requests. The poetry and chili fest is the 8th annual event. The poetry reading and art show are fundraisers. ID’s are checked at the door. Beer and wine sold at two of the events but just there for the offering at the art show. A motion was duly made by Eugene Burman and seconded by Paul Sullivan commending them for bring such wonderful art to the community and a unanimous vote taken to approve the request of James Wolf on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for three one day wine & malt licenses for a Poetry and Chili Fest on 1/19/08 from 6 pm to 10 pm; a Concert on 1/26/08 from 8 pm to 11 pm and an Art Show Opening on 3/8/08 from 4:30 pm to 7:30 pm. Hearings: Change of D/B/A: Request of 4120 Corp., d/b/a Cotuit Pantry, Vincent Holland, Manager, 4120 Falmouth Road, Cotuit holding an Annual Wine & Malt Package Store License for Change of d/b/a to Big Daddy’s Pizza. Continued from 1/7/08.




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Mr. Holland appeared for his application. He stated that he is merely changing the d/b/a – the idea is just to sell more pizza. It is takeout only. He decided to capitalize on the equipment already there. Has changed the sign as well. There has always been a food service operation; no seating. Mr. Burman asked when he anticipated changing the name – Mr. Holland stated he has already changed the name, got a permit from Health and the Building Dept.; he apologized for doing it “after the fact” with our Board. Mr. Geiler stated the name may give the people the idea that people can sit there and have beer and wine. Also, he wanted to make it very clear that delivery is not authorized and that permission for alcohol delivery has to come directly from the ABCC. He wanted Mr,. Holland to know this so that they do not get themselves in a lot of trouble. Mr. Holland stated he was aware of that and would comply if and when it came up, but they have no delivery plans. A motion was duly made by Eugene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of 4120 Corp., d/b/a Cotuit Pantry, Vincent Holland, Manager, 4120 Falmouth Road, Cotuit holding an Annual Wine & Malt Package Store License for Change of d/b/a to Big Daddy’s Pizza. New Annual Wine & Malt Package Goods Retail License: Application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License. Attorney Pat Butler appeared for this application along with Christy Mihos. He stated that he had met with Tom Perry last week to present case law…and that Mr. Perry indicated this morning to him before3 the hearing that a change of use special permit would be necessary. Mr. Butler requested a continuance so they could go to the Planning Board to get the Special Permit required. Tom Perry, Building Commissioner, appeared with respect to this and confirmed that the Planning Board, Special Permit granting authority is where they need to go. Mr. Butler stated he would like to have the hearing continued to the 25th of February. Mr. Hoxie stated we would be keep the hearing open and continue it to the 25th of February. Adjourned at 10:20 a.m. Respectfully submitted, _____________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



February 4, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, February 4, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, new Liaison Officer from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: Request to Close: Request of Rumpy’s Beef & Reef, Inc. d/b/a The Dockside, 110 School Street, Hyannis, Paul Skudris, Manager to close until mid March, 2008. Mr. Skudris appeared for the application – there is no heat in the building; they plan to fix it in the summertime. He plans to re-open March 15. Gene Burman asked when they closed? Mr. Skudris advisd that the note was delivered January 3. Mr. Burman again asked when he actually closed…he then stated he actually closed the week before Christmas as they had no heat. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the closing of the restaurant until March 15. Request to Close: Request of Bumbalini’s of Cape Cod, Inc. d/b/a Bumbalini’s & The Beechtree Bar, 599 Main Street, Hyannis, Louis Cheschi, Owner, to close for 90 days for renovations. Mr. Cheschi stated they are going to clean up the place and get new staff to run it. They also closed the week before Christmas and are looking to reopen April 1st. Mr. Burman asked if they would rather have a seasonal license; Mr. Cheschi stated they want to retain the annual license. Mr. Sullivan asked about the issues of staff; Mr. Cheschi stated he needs a manager there – has been interviewing. He has no problem getting workers; just a good manager.




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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request until April 1. Hearings: New Common Victualler License: Application of Great House of Zou Restaurant, Inc., d/b/a Chopsticks, 1600 Falmouth Road, Centerville, MA, Zhong Chan Huang, Manager, for a New Common Victualer License, the hours of operation to be 11 am to midnight. Ms. Zhong is taking it over – no changes from the prior licensee but a new corporation. There is no alcohol. They will continue delivery. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Great House of Zou Restaurant, Inc., d/b/a Chopsticks, 1600 Falmouth Road, Centerville, MA, Zhong Chan Huang, Manager, for a New Common Victualer License, the hours of operation to be 11 am to midnight. New Annual All Alcohol Common Victualler License: Application of Bagley-Heath LLC, d/b/a Sweet Tomatoes Osterville, 791 Main Street, Osterville, MA, Darren Bagley-Heath, Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 6:00 am to 12:00 am, with seating for 34 inside and 12 on the patio, for a total of 46. Mr. Bagley-Heath appeared for his application. This is his new location and he wanted a new alcohol license in the new corporate name, rather than filing for change of corporate name, etc. He had an alcohol license at the old location (beer and wine). There will be a bar – 8 seats. Mr. Burman asked if he has TIPS trained people – Mr. Bagley-Heath will schedule all the staff for alcohol service training once this is approved. Mr. Hoxie asked if he intended to be fully trained – he stated he would be. They are counter service only – there is no need to have the waitresses trained. The bartender can see each and every seat and will be dispensing al the alcohol. Steve Maher has spoken with Mr. Bagley-Heath about this. Mr. Geiler asked about counter service and only 2 drinks per person – they will be serving in only clear glasses and only 2 per person maximum. He does have the Rules and Regs. Mr. Sullivan complimented him on his knowledge of the Rules and Regs. David Lawler came forward – he knows the applicant; stated he is very responsible and would be a very appropriate person to hold a liquor license. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Bagley-Heath LLC, d/b/a Sweet Tomatoes Osterville, 791 Main Street, Osterville, MA, Darren Bagley-Heath, Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 6:00 am to 12:00 am, with seating for 34 inside and 12 on the patio, for a total of 46 subject to the approval of the Building Commissioner and bar service only for alcohol.

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Transfer of Annual All Alcohol Innholder Licenses, Daily Live, Non-Live & Sunday Entertainment Licenses, Pool Table & Video Games Licenses: Application of Western Host, Inc. d/b/a Four Points by Sheraton Hyannis Resort, 35 Scudder Avenue, Jim Cook, Manager for Transfer of its Annual All Alcohol Innholder License, Daily Live, Non-Live and Sunday Entertainment Licenses, Pool Table & Video Games (8) Licenses to TFG Hyannis Hospitality LLC, d/b/a Resort and Conference Center at Hyannis, 35 Scudder Avenue, Hyannis, MA, Leeanne Moulthrop, Manager. Leanne Moulthrop came forward with the present manager. In November of 2007 they purchased the resort – it is being renovated. They request transfer of all licenses and permits. She has directed a resort for 10 years and worked at another resort for another 10 years prior to that. Mr. Hoxie asked if they would object to a 12:30 entertainment license, since we are in the process of standardizing it to 12:30 for everyone? They would not. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Western Host, Inc. d/b/a Four Points by Sheraton Hyannis Resort, 35 Scudder Avenue, Jim Cook, Manager for Transfer of its Annual All Alcohol Innholder License, Daily Live, Non-Live and Sunday Entertainment Licenses, Pool Table & Video Games (8) Licenses to TFG Hyannis Hospitality LLC, d/b/a Resort and Conference Center at Hyannis, 35 Scudder Avenue, Hyannis, MA, Leeanne Moulthrop, Manager, with the entertainment licenses to cease at 12:30 a.m. Amendment to Rules and Regulations of the Licensing Authority and Alcohol Fee Changes: Proposed amendment to the Rules & Regulations of the Licensing Authority, Chapter 501, Section 10: Entertainment at premises which serve food or beverages to be consumed on the premises:

Add a sentence at the end of paragraph “A,” “Entertainment is prohibited between the hours of 12:30 a.m. and 11:00 a.m.”

Also, amend the Town of Barnstable Licensing Fees – Licensing Authority with respect to alcohol establishments effective 1/1/09 (last changed 7/1/04) as follows:

Current Fee Proposed Fee

Club All Alcohol* $1,950.00 $2,150.00 Common Victualler, All Alcohol* $2,700.00 $2,950.00 Common Victualler, Wine & Malt* $1,725.00 $1,900.00 General on Premises, No Food $3,450.00 $3,750.00 Innholder, All Alcohol* $3,150.00 $3,450.00 One Day All Alcohol $ 85.00 $ 90.00 One Day Beer & Wine $ 35.00 $ 40.00 One Day Wine Only or Malt Only $ 30.00 $ 35.00

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Package Store All Alcohol $2,650.00 $2,925.00 Package Store Wine & Malt $1,725.00 $1,900.00 License for Pharmacist to sell alcohol $1,750.00 $1,900.00

* includes the $100.00 Common Victualler fee The entertainment change is to standardize the entertainment closing hour for all establishments in Barnstable. It has been proposed by the Police Department to do so as it would be much easier to maintain order and not to have to determine individually which entity has what hours. Attorney David Lawler came forward on behalf of a client and as an attorney, stating that although well-intended by the Police Dept., there may be much better ways to maintain order other than closing these establishments before 1 am. There is a large segment of the tourist trade who want to be out at night. We are competing with other resort communities and from a business standpoint it would cause a loss of tourism over time. He thinks this would heighten the perception of Cape Cod as being a backwards or overly strict place. If we keep getting more and more restrictive we will only LOSE business. There is a lot of space on North and Main and the surrounding area for businesses which benefit from this half hour of entertainment. He offered his services to draft something for all the entertainment licensees and coordinate it with the Police Dept. He stated if we keep hammering at these licensees they will lose money and go out of business. He also does not approve of the fee changes. The main reason he is here though is the hours. Cynthia Cole came forward pointing out that there are two issues with the hours and fees. The first is small businesses trying to make a living. That half hour for 365 days a year comes up to a lot. Also, rolling back the hours and increasing the fees is a double slap. She asked that maybe hours be posted on the doors or communication with a laptop with the PD be considered. She thinks having everyone closing at one time would also be a bigger problem for Main Street. The second item she wanted to discuss is that we are losing young people here. One thing young people do is stay up late. They like to dance, socialize and listen to music. She stated they do not start going out until 10. If we want to grow our economy we need young people here. If we limit the hours of entertainment it would be a shame. She stated our actions should be positive not negative. Mike Travis, General Manager of Pufferbellies, spoke up as a person in the entertainment business. They spend a lot of money figuring what would bring in the most money with the least risk. The surrounding towns boasting later curfews would impact Barnstable. When we are in a dwindling economy, the restaurants feel it because the public cuts out their “fun” money first. Their establishment has entertainment as their priority. The time they are busiest is 11 pm to 1 am. The young people want to come to where something is happening. They then have approximately 2 hours to make the money to pay their employees and pay the entertainers before seeing any profit. To them it would cut 25% of their profit. They utilize a software program to scan ID’s for safety purposes and as a database. It tells how often people

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come, and what time they come in. Running a report for 2007, it showed the customers from 12 -1 were 38% of the total. They could not survive if we pass the 12:30 closing. The customers will leave Barnstable. We would be alienating their best customers at their busiest time. Another problem is crowd control. Staying open until 1 with no entertainment from 12:30 on would be a problem. People are left standing around and he thinks it would compound the problem we are trying to solve. The locals might get used to it but the tourists are new each year. Why should all be punished for the acts of the few who have caused problems?? He offered the suggestion of having closings at 1:00 and 1:30 – save the businesses and let the police know where they need to be and when. He agreed there may need to be changes made. What he asks is that the Board not judge the establishments but find a way to be proactive rather than reactive. Mr. Burman stated he has a sheet of entertainment hours – they have 12:30 and 12 as their entertainment closing hours. Officer Maher stated they have not been enforcing these as much as they should. There are several examples which have midnight closings. Our information does not show 1:00 as they have been running Mr. Burman wondered if they were aware the entertainment license ceases at midnight? Mr. Lawler stated there would be no confusion if the entertainment ceased at the same time as the alcohol license closing time. Mr. Hoxie stated the “cooling off” period was the reason for the entertainment stopping prior to the liquor license time. He stated these nightclubs when they close down generally stop everything about 15 minutes or 20 minutes before last call because they have to have everyone out and the drinks cleared at a certain time. Maybe the old philosophy of ending the entertainment earlier might not make sense. Maybe a By-Law could be passed to have service and music stop 15 minutes prior to closing. Attorney Lawler thinks ½ hour prior to closing is too long – people would be milling about. Mr. Hoxie asked if they would like all entertainment to go to 1 am. Lt. Jason stated this is NOT a police initiative. Mr. Geiler wrote up the proposal from the suggestions from the Police Dept. They do support it as most businesses NOW have 12:30. Officer Maher has spoken to the entities having 12:30 and none seemed to have a problem with that. They are also in favor of this because of the mixed use of Main Street – another good reason to close entertainment at 12:30. Also, officer safety – 2,700 people could be dispersed at the same time (1:00) and then another 800 at Pufferbellies. The police support this. Attorney Lawler stated the financial impact would be terrible. Only two will be affected on Main Street – Harry’s and Asa Grill. Officer Maher stated all of the places are busy even though the entertainment closes at 12:30. It helps the police and the sound issues in the mixed use area. Attorney Lawler was the attorney working on the mixed use area – he sated we need to compete with Newport and Boston for the tourists. He stated officer safety is paramount but the solution proposed would stagnate the economy here. He suggested again we standardize the hour with the liquor licenses. Mr. Hoxie asked if 12:45 would be liveable? Attorney Lawler stated that would even be a help – allow the 15 minute cooling off period. Rick Angelini from the Hyannis Area Chamber of Commerce came forward. He addressed the fee increase – thanking the Board for the advance notice; suggesting maybe we should adjust annually so it is not such a big chunk at once. Regarding the entertainment closing hour – he thinks if the purpose is to standardize we are really not

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accomplishing that – the people shift from club to club. He thinks the dialogue is good – maybe a plan could be worked out with the police department. He also thinks it should parallel the liquor license closing time. He thought maybe the Chamber, BID and our police Dept. could work together. Letitia Durham from Harry’s came forward. They rely heavily on the music from 12:30 to 1:00. They fear loss of their customers to places with entertainment until 1 or later. Harry’s has been a strong entertainment venue for many years. She finds it difficult to find merit with the 12:30 closing. Mr. Hoxie asked if they could live with the 12:45 time; she stated they could. They wind down now prior to 1. They have been doing this for 23 years. The licenses at present are 1 and 12 on Saturday. Fred Durham came forward as well for Harry’s. He apologized for his dress as he stated he has to work another job to support his family. His concern is that it is just getting stricter – we are a tourist based economy here. Mr. Hoxie stated the vast majority of entertainment licenses are now 12:30. He stated the standardization is not meant to take away but to standardize all. Officer Maher stated there is not one Manager in the crowd today they have a problem with. He stated 12:45 would not be a problem for the department for closing hour on entertainment. Mr. Hoxie asked the Board members if they would object to 12:45. Mr. Sullivan stated he has no problem with it but from what he is hearing he is under the impression that we need to assist the police dept. and also address the money issue for the businesses to be able to pay their bills. Mr. Hoxie asked for comment from the public on the 12:45 or increase in fees. John Shea came forward for Trader Ed’s in support of the 12:45 entertainment closing hour. Micah Power from the Black Spot came forward about the entertainment hours. He has bands from Boston who do not understand the earlier closing. He would support the 12:45 closing for entertainment. Some local bands do not even play out until the closing time. The problem with earlier entertainment closings is that there are more private parties in residential areas with entertainment – noise complaints, David Noble came forward from Embargo as he has a 12:30 entertainment closing. He thought it was given him so the closing hours could be staggered. He does not see the 15 minute increment to 12:45 as being much of a help. He stated they make their money from 11-1. They will suffer loss of business. He thinks it might make the problem WORSE in letting everything stop at 12:45. Mr. Noble thinks the police 3rd shift should have more staff – this would help more than changing the closing times. Mr. Geiler stated he is not the proponent of the 12:30 closing hour – he just wrote the language. He thinks what Mr. Noble just stated running until 1 and then throwing all of them out at the same time is significantly different. Mr. Geiler stated there needs to be a cooling down period. The behaviors of the people leaving that way are just more aggressive historically. There is reason to give them a few minutes to settle down. Leave in a more orderly manner. He also stated not all entertainment affects people the same way – Lou Colombo’s band as opposed to some others for example. From his

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perspective, closing the entertainment earlier does make some sense. It is just the opportunity for socializing, talking about where to go next. Mr. Noble stated he does not want to go backwards – but wants to do the right thing. Cynthia Cole came forward again and stated it would be a bad idea to make this decision today. She proposes a meeting to come up with something that does not cause unintended consequences. This could be accomplished in one meeting and come back at the next meeting. Albert Baker came forward agreeing with Cynthia’s suggestion of having a meeting prior to making this decision. His concern is that there is a run on people moving from bar to bar being open for one more drink to the next place open longer. He thinks the entertainment is the more flexible one and the cooling off time should be minimum 10 minutes. Gary Simon from BBC came forward – he thinks people make a decision as to where to go by what the license is; he thinks it should be equal for everyone. Whatever the Board decides he would like it to be standardized. Mr. Hoxie stated we want to standardize all the entertainment licenses and also to allow the cooling off period. There is no question that stopping both alcohol and entertainment at the same time is not a good thing. He proposes an entertainment license stopping at 12:45. He also stated the fee increase should go forward as proposed. Mr. Burman asked if voted today, when would the entertainment license times change? Mr. Geiler stated 1/1/09 unless a show cause hearing was held. Existing licenses would stay the same as they are until that time. Mr. Noble suggested we standardize it all for the summer this year. Why wait until 1/1/09? Mr. Burman stated he was very happy to see the turnout today and stated the expert witness comments are appreciated. He thinks that the problems with the police dept. should not penalize these places for their problems. Mr. Burman stated each licensee should go back and look at their licenses to see exactly what times the closing of the entertainment is on the licenses. He commended how cooperative the parties were with the police when he went on a drive-by. Mr. Burman stated he is very unhappy with the fee increases and will vote against them. Mr. Sullivan stated the problems of noise and people going out at the same time caused the Board to grant licenses recently only until 12:30. He now sees on the police list that 12 and 12:30 are the closing times for entertainment for a vast majority of the establishments. His issue is why are some made to close at 12 and a few at 1? There have never been any complaints however. Mr. Sullivan thinks we got to the standardized time proposal in the first place to be fair to everyone. He is in favor of the 12:45. Mr. Hoxie asked Mr. Geiler why it would not be prudent to change all the times

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prior to 1/1/09? Mr. Geiler stated it would then have to be done individually at a public hearing to change the entertainment licenses from what was issued 1/1/08. Many do not utilize the whole license as it is. With respect to the fees; the Town Council has a policy of full cost recovery for certain types of services – including elected licenses. We have been doing a cost analysis, reviewing it on an annual basis, and that is how we came up with the new fee structure. The average being 2.3% a year on a 4 year span (just over 9% total). We don’t try to compare with other Towns. Many are considerably higher than ours, some are lower. There seems to be no reason or rhyme to how they are set. Existing licensees pay the new fees only after 1/1/09. New licensees will pay the new fees as they are granted. David Lawler came forward again with a comment and a thought. He stated that to prevent a flood of people to modify their existing licenses, which they could do; from a practical point – we could unilaterally vote to increase all under 12:45 to 12:45 and not change the 1:00’s until 1/1/09. If we voted it this way and no-one objects, it could be a good way to approach it. It is a technicality in the law as it is. He would suggest doing it that way. We have to keep those at 1 as they are but others CAN be increased with no effect on the 1:00’s. Those would decrease on 1/9. Mr. Geiler stated liquor licenses and entertainment licenses are granted individually. They must be changed individually, unless we change all of them at the renewal date or new licenses. He stated we could be sued. We have to abide with the State laws. We are trying to make this as easy as we can. The new fees could affect seasonal licenses but we can ask the authority to change those fees on 4/2/09. The annual licensees will not be affected until 1/1/09. Cynthia Cole stated she is concerned about the licenses out there if the change does not take place until ’09. She also stated that there seemed to be a problem with entertainment hours and the licensees not knowing what their times are. Mr. Burman made a motion to propose that entertainment be prohibited from 12:45 a.m. to 11:00 a.m. Paul Sullivan seconded the motion. There was a unanimous vote to approve that motion. Paul Sullivan made a motion that the fees effective 1/1/09 be approved as proposed. Mr. Hoxie seconded the motion. Mr. Burman reiterated that the taxes we pay have gone up – he thinks some of that should include these costs and fees. He voted against the increase. Mr Sullivan stated it is less than 3%/year; they are fees for the enforcement of the alcohol licenses, and recommends they be approved as they are not excessive. Mr. Hoxie and Mr. Sullivan voted to approve the fee increases as proposed. Mr. Burman voted nay. The motion passed by majority vote. Change of Manger: Application of Osterville Veterans Assn., 753 Main Street, Osterville, MA, Robert Sousa, Manager, for Change of Manager to Cornelius Andres. Mr. Andres and Mr. Sousa came forward along with their Treasurer. They are a non profit club – run by a Board of Directors. He has been on that Board since 1991. The

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Board meets 2x per month. Mr. Sousa and the Treasurer will be staying on. Mr. Andres stated he answered yes on a question about a criminal record but advised it was in the 1980’s. Mr. Andres is not yet tips trained but plans to get that training if approved. A motion was duly made by Mr. Burman to approve the application of Osterville Veterans Assn., 753 Main Street, Osterville, MA, Robert Sousa, Manager, for Change of Manager to Cornelius Andres. Paul Sullivan seconded the motion and a unanimous vote was taken to approve the application once the TIPS training is completed. Show Cause Hearing: Show Cause Hearing for Up the Creek Again, 36 Old Colony Road, Hyannis, John M. Evans, Manager, for complaints received from a neighbor with regard to the smoking patio. This hearing was continued at the request of the Owner/Manager, John M. Evans to today. Melissa Meece came forward as the person writing the letter regarding the smoking patio at Up the Creek. In January of 2005 she stated that we granted the smoking patio without alcohol on it. In July of 2005 he added alcohol on the patio – she stated she and her husband would have objected had they understood what was being proposed. She stated it is very loud – they own 180 and 186 Gosnold; one of which is directly abutting the restaurant property. She stated that when it is loud it is very much a party atmosphere at the bar. She also stated someone urinated behind the fence in their yard. They are asking the Board to reconsider the alcohol on the patio. They have 2 small children – their swing set is 5 feet away from the fence. The rental property also has a sandbox close to the fence. They are requesting a change prior to next summer. She feels this area has become the place for people drinking to hang out. She does not like to have to hear the noise from this patio. She thinks it has escalated since the alcohol was allowed out there. It creates a crowd out there talking loudly. Mr. Evans from Up the Creek came forward to let us know he is very concerned about this. There are a couple of contrary statements however – in February of 2005 there were many many noise complaints (before he took the restaurant over). He has gotten that down to 1 (that of the direct abutters; just the Meeces). He stated at his original hearing the Meeces were more concerned with the “visual” of the patio than the noise – he said for their benefit he immediately planted trees until he could put up a fence. He brought in those photos. His other comment was that Mrs. Meece’s complaints were valid about seats being added to the patio. The seats were donated by an elderly couple who could not stand outside very easily – they were for their own use and for and others to use and have since been removed. He advised that he had also put up a tent with a plastic side so people could go out to smoke and it would buffer it somewhat. He stated it is a family restaurant, not a nightclub. He has many kids and families. Mr. Evans stated one of the problems on the patio was a small company giving out paychecks and drinking. When he went out there and asked them, all the people came inside. He stated the only time it is busy is summer – and most of the people come back inside to the air conditioning. He does not know how you can stop someone outside from talking. He also stated there have been at most 12 people out there at any one time. Mr. Hoxie asked if monitoring the alcohol outside has changed it…he stated it

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has not. He does not serve out there; it is not a bar room, it is a restaurant. He said he has already spent $2,500 to separate the restaurant from her family. He is open for suggestions. Mr. Hoxie suggested signs out there – “Respect Our Neighbors; Hold It Down” or something to that nature, or worst case, revoking the alcohol out there. Mr. Evans raised another point. He does not use his entertainment license (which he has paid for) as DJ and Karaoke do not benefit his restaurant that much, but might cause problems with the neighbors. He also stated the complaints can only be coming from 7-9 pm. Mr. Hoxie asked Mrs. Meece if there was anything she could suggest the restaurant try; something less serious than revoking this part of the license. She does not think limiting the number would necessarily help. She stated they have let it go for two summers and are annoyed enough that they are here today. Mrs. Meece said that the times she has called Mr. Evans was not there – and even after calling to ask for the noise to be stopped it did not change. She does not want to have to contact Mr. Evans every time there is a problem. She prefers there be no alcohol on the patio. In January of 2005 they spoke to Mr. Evans telling him they would not support eating on the patio. In July of 2005 she stated they did not understand the proposal before the Authority so did not attend. They did not realize the license included drinks. Mr. Evans stated he has removed the chairs and tables since our hearing was called. Mr. Burman suggested Mrs. Meece and Mr. Evans sit down and discuss this matter together and come up with a solution. Mr. Evans stated his customers do not go outside and stay there for hours and hours. Mrs, Meece stated that is not true – it happens once or twice a week in the summer. Mr. Burman stated again this is a problem in residential areas. He again suggested they sit down and discuss this and come back in 30 days. Mr. Hoxie disagreed and stated it is our obligation to determine if drinks should still be allowed on the patio. Mr. Sullivan read from the original license stating that not taking drinks outside was to be strictly enforced. The next hearing in July of 2005, the Board reversed and granted the taking of drinks out onto the patio. This is a direct turnaround. Mrs. Meece’s complaint in September was about what the kids hear. Mr. Sullivan thinks this is what we have to deal with. Mr. Evans originally needed the deck for smokers. At that time he was concerned about people going outside drinking and his having to monitor it. Then his customers requested to go out there with their drinks – it then became his problem. He wondered how a person could even get behind the fence to urinate – he would never allow it but did not see it. Taking the drinks outside is what the customers want. He stated if he changes things like this, his business will really decline. The economy is bad enough already and this is his worst year so far. Mrs. Meece stated the intent of the restaurant has changed – she does disagree that this is a bar. She also stated she does not want to have to look over there to see if and when the chairs and tables reappear. Mr. Hoxie asked if she would be amenable to NO seating out there and still allow the drinks to be outside with better monitoring? Mrs. Meece stated if he held to the premise that people just go out for a smoke and drink with that she would agree. The signs could read 10 minute smoke break area? Mr, Evans reiterated the elderly couple donated the chairs as they cannot stand for long. He also reiterated it is not a bar it is a restaurant. When he bought the restaurant there were a couple benches and a table. Mr. Hoxie thinks the seating has to go or the drinks have to go outside. Mr. Evans stated if that’s what it takes, that’s what it takes.

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Mrs. Meece is advised to notify us if there are any problems in the future. Mr. Burman stated we should have a quick hearing if there are any problems. Mr. Geiler commented that Mr. Evans should give Mrs. Meece his cell phone number which she can call at any time and he will address any problem. Mr. Geiler asked if maybe the patio could be reconfigured. He should look at that option. There are also options like bamboo mats to absorb sound. Mr. Evans reiterated that the problem is only apparent in summer. A man came forward to testify for Mr. Evans – he used to frequent the restaurant and was on the smoking patio; it was not loud. The real problem is that if you choose to live by a restaurant or bar you should be prepared for the noise that takes place. Mrs. Meece said the family has owned the property for 50 years. Mr. Hoxie continued this hearing to July 7th, no seating, better monitoring. If everything is o.k. there is no need for the hearing July 7th. Mr. Evans stated he will advise all of this staff if Mrs Meece calls he needs to be notified immediately so her concerns can be addressed by him if the staff cannot address it. Mr. Evans also stated he has a back room he could designate as smoking only – but does not know how this could happen. He was told to talk to the Board of Health about it. Show Cause Hearing: A Show Cause Hearing was held for the purpose of determining if the terms of the lodging house licenses held by Park Square Trust III, Mark Sheehan, Trustee, Errol Foster, Manager at 156 Main Street and West Wind Trust, Mark Sheehan, Trustee, Errol Foster, Manager, 80 Yarmouth Road, Hyannis, MA are being violated, as the Town of Barnstable Health Department staff have reported that on multiple occasions over the last several years (reports on file at Licensing Office and Board of Health Office), the electricity and/or gas have been turned off at both these properties because of non-payment for services, resulting in tenants without heat, hot water, lights and cooking facilities. Tom McKean, Donna Miorandi, Tim O’Connell, & Meredith Morgan appeared for the Health Dept. Problems started in 2006 with no electricity for a few days; later that year another complaint and health personnel contacted them with no immediate response. There were days at a time again with no electricity. A third time the gas was turned off at the property – no hot water, no cooking could take place for several days. There was again another call for no services at this property – 80 Yarmouth Road. A problem of no electricity in May at 156 Main Street took place and went on for a couple days, also for non-payment of utility bills. Mr. Sheehan stated he has run those places for 25 years – he has been sick; he has also been involved in lawsuits. He corrected the problems as soon as he could. Because of his lawsuits cash flow is tied up; he paid for all the tenants to go to a motel in the time the services were off. Mr. Hoxie asked how many rooms at 80 Yarmouth

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Road – there are 8; 16 rooms at 156. He stated the utilities have not been turned off for a year. Mr. Sheehan came before the Board of health in May ‘07 and it happened again in October ’07. At that time Meredith Morgan inspected and this is a recurring problem. Mr. Geiler asked how NStar shuts electricity off – do they do it unannounced? Mr. McKean stated the Health Dept. is NOT advised. The tenants do get a notice. Timothy O’Connell stated the tenants receive the notices – the Health Dept. calls NStar and they are told the reasons. Mr. Geiler asked how many lodging houses we have in Town – more than a hundred? The Health Dept. only deals with them when there is a complaint. Mr. O’Connell stated the only complaints they have had are Mr. Sheehan’s 6 complaints. Mr. Burman asked why NStar is notifying the tenants and not Mr. Sheehan? Mr. O’Connell stated the tenants are telling him the electricity will be turned off on such and such a date. Mr. Sheehan stated there was a problem with a part needed for the furnace – could not find the part and it was a weekend; when it was located they fixed it and the electricity went back on. The notices are given to “occupant.” Mr. Sheehan stated he has taken care of the occupants during this time. Mr. Hoxie stated if we renew these two licenses, Mr. Sheehan will have to guarantee the electricity or gas will not be turned off again. Mr. Geiler stated it is difficult to believe the Landlord can’t keep the utilities on if he stated he has no mortgages, and also advised that he can’t be reached at any of the numbers we have for him. Mr. Hoxie stated we have several options. Mr. Sheehan stated they have a full time office 9-5. While he was in the hospital his staff walked out. He also mentioned going through a divorce. This must be why this happened. In 20 years this has not happened. Mr. McKean stated that Meredith wanted it on the record that in October the electricity was off for non-payment, it was not for a problem with the furnace like Mr. Sheehan suggested. Mr. McKean has asked for Mr. Sheehan’s cell phone # which supposedly they have - but when they call it no one answers. Donna Miorandi stated they had an informal hearing in 2006 when they heard about the same lawsuit Mr. Sheehaqn mentioned. There was an eighty-some year old man in an apartment with no heat and electricity. The Board of Health told him if this happens again they would follow through with a criminal complaint. Mr. Sullivan asked about this. Mr. McKean stated they have not done it yet. Mr. Sullivan suggested maybe the Board of Health should go forward. Mr. Hoxie suggested the licenses be renewed for now for 6 months only but if it happens again we will have a Show Cause Hearing to revoke. Mr. Hoxie asked for a business plan to be submitted to the Board of Health.

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Mr. Hoxie proposed we renew for 6 months; business plan to be submitted in 7 days to the Health Dept. Findings were duly proposed by Mr, Burman of guilty; seconded by Paul Sullivan and a unanimous vote was taken to find Mr. Sheehan guilty. A Motion was duly made by Paul Sullivan to continue this matter for 6 months and that the licenses for 80 Yarmouth Road (West Wind Trust) and 156 Main Street (Park Square Trust III) be renewed and that a business plan be submitted in 7 days. The motion was seconded by Gene Burman and there was a unanimous vote taken to approve the motion. Show Cause Hearing: A Show Cause Hearing was held at the request of the Barnstable Police Department for Hyannis Property, LLC, d/b/a British Beer Company, 412 Main Street, Hyannis, Jacqueline McCarthy, Manager, for violation of the Town of Barnstable Code Chapter 501-3H, exceeding the number of persons approved by the Building Commissioner for the capacity of the premises minus the number of employees working in the public areas at the time, on 1/12/08 at 12:25 a.m. Officer Steve Maher submitted his report wherein he parked in the rear lot of the BBC. He used a mechanical counter – 190 exited. He went inside; spoke with the staff – they had a count of 188. He asked the Manager what she had for a count – she stated 188. Mr. Maher did not count those leaving from the front. While inside he came up with 213. He later spoke with the staff and did another count – they were in compliance. Ms. McCarthy addressed this. Gary Simon, Managing Partner, agreed they were in violation. He stated that they came back for a new occupancy number – they have stayed within their limit. He stated their people take it very seriously. At no time did they intentionally go over that limit. He stated that some people walk through to get to the parking lot to their cars – this may be what happened. He stated his opinion that an outside count is not accurate, and invites the police to come inside to count. The capacity is 185. In May it was 135. Mr. Maher stated on the date in question the counter if at 188 was already over capacity. And they also have to count their own employees. Mr. Burman asked if there is contact between the front and back door; he was advised they do have walkie-talkies so the count should not ever be exceeded. Jacquelyn, the General Manager, stated the front door is closed down; bracelets issued for those already counted. They use the alley way to leave. Once they get around 160 they shut down the front door. Mr. Simon stated the 188 on the counter did include the employees. Mr. Burman proposed a finding of guilty of being over capacity but stated that they are trying to solve the problem. Findings were seconded by Paul Sullivan and a unanimous vote was taken to approve those findings.

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Mr, Burman proposed a written warning be issued. Paul Sullivan seconded the motion and a unanimous vote was taken to issue a written warning.

The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Lodging Houses: Embassy Lodging & Shelter A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Lodging House renewal as submitted above. Common Victuallers: Subway – 251 Iyannough Road CBA Snack Bar Donut World Burger King #664 Old Country Buffet Chao Cajun #96 (Mall) A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above Common Victualler applications for renewal for 2008. Next meeting is February 25th. Mr Geiler brought up the Bud’s decision asking if all the Board members had received it. They have. He stated that there is also a copy of the building regulations for the Board with their packets.. The hearing was adjourned at 12:37 pm. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



February 25, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, February 25, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent; Lt. JoEllen Jason, Liaison Officer from the Barnstable Police Department; and Christine Ade, Recording Secretary. Patrolman Steve Maher was absent. Requests: Request to Close: Request of Shane Pacheco, d/b/a Asa Grill and Reputation, 415 Main Street, Hyannis, Mollie Lehane, Manager to close from February 25, 2008 to April 4, 2008. Mr. Pacheco, Owner, appeared for his request to close for minor renovations with a grand reopening planned for April 4. He will have no structural changes. One Day All Alcohol and One Day Entertainment Licenses: Application of Paul J. Covell on behalf of Barnstable Deputy Sheriff’s Association, P.O. Box 835, Barnstable, MA for a One Day All Alcohol License and a One Day Entertainment License for a function to be held on Friday, March 14, 2008 from 6 pm to 12 midnight at St. George’s Greek Orthodox Church, 1130 Falmouth Road, Centerville. Mr. Covell appeared for his request on behalf of Barnstable Deputy Sheriff’s Association. This is their annual fundraiser for the benefit of the Sheriff’s charities and youth. It is the 8th time the event has been held. It has proceeded 7 times without incident. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Paul J. Covell on behalf of Barnstable Deputy Sheriff’s Association, P.O. Box 835, Barnstable, MA for a One Day All Alcohol License and a One Day Entertainment License for a function to be held on Friday,




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March 14, 2008 from 6 pm to 12 midnight at St. George’s Greek Orthodox Church, 1130 Falmouth Road, Centerville. Two One Day Entertainment Licenses: Application of Charles H. Ferris, Jr. on behalf of Chatham Chorale, P.O. Box 1111, West Dennis, MA, for two One Day Entertainment Licenses for musical performances on May 17, 2008 at 8 pm and May 18, 2008 at 3 pm at Barnstable High School, 744 West Main Street, Hyannis, MA. Mr. Ferris appeared on behalf of Chatham Chorale. This is an 80 voice chorale plus Barnstable High School chorus and a soloist from the High School. The admission is $20 or $25 for reserved seats. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Charles H. Ferris, Jr. on behalf of Chatham Chorale, P.O. Box 1111, West Dennis, MA, for two One Day Entertainment Licenses for musical performances on May 17, 2008 at 8 pm and May 18, 2008 at 3 pm at Barnstable High School, 744 West Main Street, Hyannis, MA. Two One Day Beer & Wine Licenses: Application of James Wolf on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for two One Day Beer & Wine Licenses for fundraiser concerts to be held on February 29, 2008 and March 1, 2008 from 8 pm to 11 pm. Mr. Wolf appeared with the request for Cotuit Center for the Arts. These concerts sprang up quickly; they thought the beer and wine licenses would complement these performances. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the requests of James Wolf on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for two One Day Beer & Wine Licenses for fundraiser concerts to be held on February 29, 2008 and March 1, 2008 from 8 pm to 11 pm. One Day Wine Only License: Application of Laurie Tranchell on behalf of Friends of Baybridge, 278 Main Street, Hyannis for a One Day Wine Only License for a fundraiser chocolate soiree to be held on March 14, 2008 at the JFK Museum, Main Street, Hyannis, from 5 pm to 8 pm. Laurie Tranchell came forward with the application. The Town Manager has granted permission to serve alcohol at the museum for this event. It will be on Main Street this year – fundraising for clean sweep (Main Street cleanup). The museum has been very supportive. The alcohol is merely a champagne fountain. Different chocolate vendors are donating the desserts/chocolate. Tickets are $25. Some Main Street businesses are contributing a discounted meal with a ticket.

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Mr. Burman wondered how this reflects the Town policy for no alcohol on Town properties. They have communicated with Town Manager for permission. A motion was duly made by Paul Sullivan and seconded by Martin Hoxie and a unanimous vote taken to approve the request of Laurie Tranchell on behalf of Friends of Baybridge, 278 Main Street, Hyannis for a One Day Wine Only License for a fundraiser chocolate soiree to be held on March 14, 2008 at the JFK Museum, Main Street, Hyannis, from 5 pm to 8 pm. One Day Beer & Wine License: Application of Michael Sweeney on behalf of Housing Assistance Corp., 460 West Main Street, Hyannis for a One Day Beer & Wine License for its annual meeting to be held on March 5, 2008 at the St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, from 5 pm to 8 pm. Mr. Sweeney appeared and advised the Board this is for their annual meeting. There were no questions. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Michael Sweeney on behalf of Housing Assistance Corp., 460 West Main Street, Hyannis for a One Day Beer & Wine License for its annual meeting to be held on March 5, 2008 at the St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, from 5 pm to 8 pm. One Day Entertainment License: Application of Cape Cod & The Islands Chef Association, 39 Wolfhill Road, East Sandwich for a One Day Entertainment License for a “Casino Night” to be held at Cape Cod Lodge OSIA, Sons of Italy, 4966 Falmouth Road, Cotuit on March 8. 2008 from 7 pm to 11 pm. The applicants came forward (Robert Pepper and Charles O’Connor). This operation is based in Florida. There is a $5.00 admission charge. The paperwork has been submitted to the Town and State. They stated they have notified the police department. Mr. Sullivan asked if they need a police detail. They stated they don’t know but will get it if required. Mr. Pepper apologized for the lateness of the application but he was in the hospital. Mr. Sullivan reiterated that on the State papers it requests a uniformed police officer on duty. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Cape Cod & The Islands Chef Association, 39 Wolfhill Road, East Sandwich for a One Day Entertainment License for a “Casino Night” to be held at Cape Cod Lodge OSIA, Sons of Italy, 4966 Falmouth Road, Cotuit on March 8. 2008 from 7 pm to 11 pm. Hearings: New Annual Wine & Malt Package Goods Retail License: Application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601,

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Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License. Continued from 1/15/08. Patrick Butler appeared with Mr. Mihos. The public hearing was held by Planning; the special permit approved. He advised it was docketed last Friday morning. We are now in the appeal period. He stated that last year the Legislature passed a law allowing the applicant to proceed at his own risk. Mr. Geiler advised the best way to go forward would be to wait for that period to run. Attorney Butler requested to be added if we have a special meeting for any reason, but not to call one for just this item. Mr. Burman stated he has no problem with granting the license now at their own risk. Mr. Hoxie asked Mr. Geiler what he recommended. Mr. Geiler stated it would be sending the wrong message to approve this prior to the appeal period running, as other applications are handled. He did say it is a minimal risk for the applicants, but believes it best to wait for the appeal period to run. Mr. Hoxie asked when the appeal period would end. We advised 20 days – it could be heard on the 17th, but Mr. Butler had advised he would not be available that date. Mr. Butler stated he could send other counsel that date, or requests it be put on a Special Hearing prior to 3/31. He also stated he woud provide the Liensing Authority with documentation from the Planning Board hearing prior to the next meeting as to what transpired there. Mr. Burman said he disagreed with making them wait for the appeal period to run, as it was hurting their business. Mr. Butler reiterated it is the applicant at risk. Mr. Hoxie stated it is better for us to wait to for the 17th for the ABCC. Mr. Butler asked for it to be on the 17th. Mr. Hoxie stated if there is any problem the 17th as Mr. Butler will not be present, it will be continued to the 31st. Chairman Hoxie decreed that the hearing be continued on the application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License to the hearing on March 17, 2008, with a stipulation that the Licensing Authority would not deny without having counsel Butler present; if any problem arose we would again continue the hearing to March 31 so that Attorney Butler could be present to represent his client. New Annual Junk Dealer’s License: Application of Carl Marchetti, d/b/a Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for a New Junk Dealer’s License. Carl Marchetti came forward for his application. He operates a jewelry and coin store – stated he wants to expand it to more precious metals and wants to abide by the rules of the Town. Mr. Hoxie asked if he dealt with the same types of items prior to this; he said he did. Mr. Burman asked about his coming in 5 years ago – Mr. Marchetti said it was 7 years; Mr. Burman asked what he has been doing at the location in the interim? He stated his specialty has been gold and silver coins. Mr. Burman stated he has been operating for 3-4 years anyways without a license. His specialty is gold, silver and diamond coins. Mr. Hoxie asked if a license was needed for just coins – Mr. Geiler stated there IS a

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license required for that as well – buying and selling used articles. He also stated that the police department has been very active in trying to track quick sales through these places. Mr. Geiler stated Mr. Marchetti requires a license for his business. Mr. Burman asked if the license before us was denied? Mr. Marchetti stated it was not renewed. Mr. Hoxie asked why it was not renewed, and Mr. Marchetti stated it was determined he was unsuitable. Mr. Marchetti stated that coins, stamps and magazines are exempt from our license. A question was posed as to jewelry? Mr. Marchetti did not say jewelry; this is what he is trying to do. Mr. Sullivan stated he remembers that the license in the past was not renewed. He then deferred to Tom Geiler. Mr. Geiler stated he knows that there were questions as to just what type of business was taking place. He then said that the ability to have an underground economy with stolen merchandise is run through the system without records. That is counter-productive. Mr. Marchetti then stated there is a strong ID check, and local police do check on the businesses. The offenders are quickly caught. Mr. Sullivan again wanted to be clear on the reason the license was not renewed or denied several years ago. Mr. Hoxie asked if anything has changed since that time. Mr. Marchetti stated he does not remember why he was deemed unsuitable. Mr. Hoxie suggested we continue this until the next hearing on March 17, 2008 so the Board can check into why it was not renewed or denied. New Class I Auto Dealer License: Application of Cape Hy, Inc., d/b/a Balise Hyundai of Cape Cod, 268 Stevens Street, Hyannis, Ed Kardon, Manager for a New Class I Auto Dealer License, hours of operation to be M-F 7:30-8:00, Sat 8:30-6:00, Sun noon-4:00. Patrick Butler came forward with the applicant, Cape Hy Inc., Ed Kardon, Manager and Rich Covington, owner. It is the former location of the Nissan dealership which moved to the old Kia location. The lease and purchase and sales agreement are being assigned to this corporation. No changes are being made to the building and there was deemed no need for zoning relief. Tom Perry, Building Commissioner, approved the plan submitted. After that time they calculated a total of 155 spaces; 50 inventory, 81 display, 24 customer. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Hy Inc., Ed Kardon, Manager and Rich Covington, owner, with the stipulation that the parking be as submitted; a total of 155 spaces; 50 inventory, 81 display, 24 customer. New Class I Auto Dealer License: Application of Yarmouth Road, Inc., d/b/a Premier Jeep, 460 Yarmouth Road, Hyannis, Joseph Laham, Manager, for a Class I Auto Dealer License, the hours of operation to be 8 am to 8 pm. Joseph Laham came forward for his application. He stated that the corporation has not changed. They now have the Jeep franchise in Hyannis so it is moving to where the Hyundai location is.

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Mr. Sullivan praised the plan submitted for 696 spaces; stating that the plan is completely clear. Mr. Laham stated it is the same plan from August of 2006. The only changes at the property will be signage. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Yarmouth Road, Inc., d/b/a Premier Jeep, 460 Yarmouth Road, Hyannis, Joseph Laham, Manager, for a Class I Auto Dealer License, the hours of operation to be 8 am to 8 pm. with parking limitations as submitted – 696 total spaces. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the renewal of the Lodging House license listed below: Yarmouth Road Rooming House A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewal as submitted below: Four Seas Ice Cream Other Business: Brief discussion regarding the Ferreira case. Lt. Jason stated she will get us information regarding Mr. Marchetti prior to the next meeting. Adjourned at 10:20 a.m. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



March 17, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, March 17, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Thomas Geiler, Director of Regulatory Services and Licensing Agent, was absent. Requests: One Day and Sunday Entertainment Licenses: Request of Margaret G. Van Sciver, President on behalf of the Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, for its 23rd Annual Pops by the Sea VIP Reception on Saturday, August 2nd from 5 to 7 pm and concert on Sunday, August 3rd from 2 to 7 pm to be held on the Hyannis Village Green, Main Street, Hyannis. Margaret Van Sciver came forward for her application. They want to amend the time to 1 -7 on Sunday. This event has taken place for 22 years. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Margaret G. Van Sciver, President on behalf of the Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, for its 23rd Annual Pops by the Sea VIP Reception on Saturday, August 2nd from 5 to 7 pm and concert on Sunday, August 3rd from 1 to 7 pm to be held on the Hyannis Village Green, Main Street, Hyannis. One Day Entertainment License: Application of Andrea Seddon on behalf of the Kohl family for a One Day Entertainment License for a 4 piece band to play at a fundraiser to be held at the Osterville Veteran’s Assn., 753 Main Street, Osterville, on April 5, 2008 from 7 pm to 10 pm. This request was withdrawn by Ms. Seddon.




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Change of d/b/a (Common Victualler License): Request of Great House of Zou Restaurant, Inc., 1600 Falmouth Road, Centerville, Zhong Chan Huang, Manager, to change their d/b/a from Chopsticks to Great House of Zou. Zhong Chang Huang came forward for this application. The Board had no questions. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Great House of Zou Restaurant, Inc., 1600 Falmouth Road, Centerville, Zhong Chan Huang, Manager, to change d/b/a from Chopsticks to Great House of Zou. Hearings: New Common Victualler All Alcohol License, Daily Live, Non-Live and Sunday Entertainment Licenses: Application of North Street Steakhouse and Sports Bar, Inc., d/b/a North Street Steakhouse and Sports Bar, 72 North Street, Hyannis, MA, Edmond M. Richardi, Jr., Manager for a New Annual All Alcohol Common Victualler License, Daily Live and Non-live and Sunday Entertainment Licenses, the hours of operation to be 11 am to 1 am; entertainment requested from 8 am to 1 am including Keno, with seating for 78 on the first level with 114 standing and seating for 66 (10 stools) on the 2nd level, for a total of 258. Mr. Richardi appeared with Attorney Robert Mills. Ken Sadler, building designer, was also present. It was run by Mr. Richardi in the past as The Boathouse. He is planning a steakhouse with dark walnut woods, glass, etc. There would be an entertainment element towards North Street in the front; partitioned by glass to dining areas towards the residential area. He proposed 15 to 20 employees. He plans to open in August. The menu is a steakhouse type menu – it can be a family venue or sports minded people with flat screen T.V.’s. They want to be open from 11:30 to 1 with entertainment 10 pm to 12:45. He stated his client met with Hedgerow Condominiums individuals including Rita Schmidt last week. He will continue to respond to the Hedgerow residents and has given them his personal cell phone so they can reach him at any time. Ed lived in Barnstable for over 20 years – has children were raised here. He ran the Boathouse, has had property since 1993 in Falmouth. He has had Soprano’s at Deer Crossing in Mashpee since 2004. It is a high end restaurant with entertainment. He also owns Carbo’s Bar & Grill in the same area of Mashpee. Mr. Richardi is a good restaurateur. Mr. Mills read into record a recommendation by the Chief of Police of Mashpee: “I am writing on behalf of Edward Richardi who is seeking to open an establishment within the Town of Barnstable. It is my understanding that Mr. Richardi is seeking a liquor license for the North Street Steakhouse & Sports Bar to be located at 72 North Street in Hyannis. Mr. Richardi owns and operates Carbo’s, a liquor establishment located at 681 Falmouth Road, Mashpee. He further owns and operates other licensed establishments, including within the Town of Mashpee. Mr. Richardi is a responsible establishment owner and operator. I have knowledge of Mr.l Richardi taking measures to ensure that he complies with all safety regulations, Town By-Laws and General Laws of the Commonwealth. On the one occasion that a minor issue was

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brought to my attention involving Carbo’s, Mr. Richardi promptly reassured me that the problem would be remedied. It was and there have been no problems since. I am writing in support of Mr. Richardi for a liquor license based upon my professional communication with him and his history of operating efficient establishment and in compliance with applicable restrictions and/or regulations. I strongly endorse Mr. Richardi’s application for licensing. Sincerely, Rodney C. Collins, Chief of Police, Town of Mashpee Police Department.” There are considerable renovations being made; the rear of the parking lot will be paved. He will have security in that area for orderly egress and checking by his staff to be sure that it is left in proper order each night. Mr. Hoxie stated the former license owner had some litigation… Attorney Houghton stated the appeal of the former license holder was withdrawn. There is no longer any litigation pending. Mr. Hoxie stated the prior owner assured the Board this place would be a restaurant with entertainment and it turned into a bar. They hurt their own and Mr. Richardi’s reputation as to what they did there. Mr. Richardi advised that he stopped the Lease at the property in order to end the problems. Mr. Richardi’s son was in a bad motorcycle accident around the time Kendrick Mooney passed away. Relatives came to him asking if they could carry the place forward as a memory for Kendrick. He asked if Kim Mooney was capable of running the place at that time, and could she make changes in the way they were running the place. He considered stopping the lease then but sentimentally felt for the family. He spoke to Kim Mooney after extending the courtesy of letting her have the lease after Mrs. Schmidt called him about all the problems. He then terminated the lease. His said his restaurants are 70/30 in one place and 65/35 food/alcohol in the other. It is difficult not to have any entertainment. He ran John’s Loft; he will be hands-on and there. He will keep an eye on it. He will make it a nice place to go. He has been operating for 25 years. He said he takes what people say to him seriously as do the people working for him. Mr. Hoxie asked what type of entertainment they will have. Mr. Richardi said 5 entertainers – maybe a jazz band; bands they have used at their other establishments. They re-did the ceilings to double sound proof it into the front area by North Street – new windows etc. so the sound will not carry to the neighbors out back. He is aware of those problems and says he believes he can solve any problem that may come up. Mr. Hoxie asked how long he operated in the past. Mr. Richardi stated he was there for 5 years. He had some problems back then with Rita; sayingf that he did respond to her and took care of the problems. He stated he has worked with the police in Mashpee and will do the same here. Mr. Hoxie asked about the 114 “standing” people” requested. Mr. Richardi asked Ken Sadler to respond. Mr. Sadler stated that when they laid out the restaurant area they determined capacity with the Building Dept. Because it is a sports bar they wanted standing areas with drink rails. The larger occupancy number is requested to be able to pay the bills. Mr. Burman stated the application asked for entertainment to until 1 am; Mr. Burman stated the regulation now is 12:45. Mr. Richardi stated they want the entertainment from 10 – 12:45. Mr. Burman also stated that he felt eating a steak at a drink rail is a stretch of the imagination. Mr. Richardi stated the people eating steaks will be in the dining area. Appetizers, sandwiches, etc. at the drink rails. Mr. Burman

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stated he has known Mr. Richardi for years and he runs a good operation. He does not like the number of entertainers requested and entertainment hours as they are too close to a nightclub. Mr. Richardi stated he can assure the Board it will NOT be a nightclub. They are requesting the entertainment only to be on a level playing field with the other places in this area. Mr. Richardi feels the day of the nightclub is over here. Unless there is a food mix he would find it difficult. He stated the people who try to go for a nightclub only are the ones which fail. Mr. Burman asked if they could settle for less occupancy within reason. Attorney Mills stated they could start smaller and come back if there were no problems to increase. Mr. Richardi stated he is a hands-on guy and has been in business 25 years, enjoying the restaurant field. Mr. Sullivan asked again for the hours of entertainment – it was confirmed at 10 pm to 12:45 am. Mr. Richardi stated there will be one area for music – in the farthest place away from the residences and on the first floor. It is soundproofed so the sound does not go out the door near the condos. The non-live entertainment will be keno and a sound system. No pinball or video games. Mrs. Sullivan asked how many parking spaces there are. Mr. Richardi stated 36. He stated there are 5 condos in the area – single apartments. They will provide spaces closest to the fence for the residents. Maybe there will be a chain so no-one can pull in that area and park. It should also eliminate the noise of cars leaving the place and making noise in their area. Mr. Sullivan said he had observed the prior establishment. He stated the outside must really be controlled – people out there making noise and mess and carrying on. Mr. Richardi stated what was there then is NOT what will be there now; he is aware of the situation and will put staff out there at the end of the evening and he himself will be there at closing to make sure it is run smoothly. Mr. Sullivan asked about the right of way back to the condos; he wondered about that area being a problem – he said the owner has to be vigilant about that area and how it is used. It is also a fire lane. Mr. Richardi stated it will be paved and clearly marked off so it is not blocked. He will assure the area is kept open and will tell all of his staff this is of the utmost importance. He also stated delivery trucks will have to be vigilant so as not to block the area – he will address this with his suppliers. Officer Maher asked about the upper outside deck - it shows seats there; are those included in the 258 total? Mr. Richardi stated the 258 includes that area. Officer Maher asked about speakers on the deck; Mr. Richardi stated there will NOT be speakers outside anywhere. Glen Ludvigson and Steve Burgum both appeared as residents and Mr. Ludvigson as the President of the Hedgerow Condominiums and stated they met with Mr. Richardi and had a walkthrough with Ed, the Engineer, and an employee. Everything mentioned today is what they discussed at the walkthrough. Mr. Ludvigson presented a blueprint of their area measuring the driveway. Their driveway is 20 1/2 feet. He stated the fire lane is only a small portion of their driveway. It is very close to the North Street entrance for the new facility. If Glen fenced off their entrance, the restaurant would have to redo its entrance. Mr. Ludvigson stated the present tenants of Mr. Richardi’s building have 12-15 cars there every day. Something has to be done. He wondered where the 100 + vehicles will go. He said he cannot tell where the 36 spots Mr. Richardi referred to are; 12 are his tenants in the building already. He stated that Rita had some old photos when this building was Fiddlebee’s – and that all the same concerns as they

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had then are still concerns. Mr. Richardi made promises then which are the same as he promised today, but nothing ever took place. The parking lot has never been addressed to date. There is a huge puddle with a storm drain which makes a mess. The parking has been a nightmare – even with delivery trucks. Parking is a huge issue for them and he stated it is THEIR driveway and should not be blocked at any time. They are not in favor of ANY entertainment at this time – especially no live bands and no outside speakers. He also saw the 8 am start time which is irrelevant anyways. He asked if we do approve it, possibly we could limit it to a 2-3 piece band at most. Mr. Richardi stated the nightclub days are gone; they are concerned it will be another barroom. The other issue is trash. The dumpster there is only used by the contractor and tenants – is chock full and there are mattresses, old chairs, etc. and it is a mess. It has been there for months. They would like more dumpsters and they should be kept emptied. Mr. Ludvigson stated that will take more space in his “parking lot.” The trash is an issue – that is the “view” the condominiums have. He asked about the bar area with 114 standing as it seems like a lot. He also stated that the kitchen is in the back – the waitstaff will have to deliver food through the standees – which he found to be strange. He showed the Board an old photo of Kendrick’s as a crowded establishment (20 heads at the bar are shown); how could they possibly have 114? He said the condo residents ask for us to start them out slow and go from there – cut the number of standees, cut the entertainment # of entertainers and time of entertainment. They are not convinced it will not be a barroom. There is still a for sale sign on the property – they are afraid it could be granted today and then change hands and become another mess like Kendrick’s. It has been very quiet and they have enjoyed it since Kendrick’s left. The tenants are good – they are quiet. They don’t want to see change. Mr. Hoxie asked about what they’d like limited; Mr. Ludvigson said maybe they could have the entertainment only on weekends. Gary Brown came forward about this application. He stated he speaks in favor of the restaurant proposed. Mr. Ludvigson stated all the “old” places were mentioned; the new place will be different. There is even an endorsement by the Mashpee police. He stated Mr. Richardi is a man of his word. How can we limit the licenses if he has not had a chance of proving himself? Mr. Brown’s daughter works for Mr. Richardi and used to work at the Roasted Red Pepper – they had no complaints. He stated St. Patty’s day is a great time to approve a license. Barbara Komenda (Mr. Brown’s daughter) apologized for the application being filled in for the wrong hours as she prepared it. The non-live license is for Keno. She said she has worked for Mr. Richardi for years – he has taught her everything she knows. She trusts and respects the businesses Mr. Richardi runs. Mr. Burman asked about insulating the area where the entertainment will be; Mr. Richardi said he has done this and will make sure they cannot hear anything. He will have the condo residents in prior to opening and show them what it will be like. There are only small windows in the front now. Mr. Burman also asked about speakers inside and out. Mr. Richardi stated there will be nothing outside. Mr. Burman asked if Mr. Richardi and Mr. Sadler could come up with a new number for capacity, which is lower.

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Mr. Hoxie called a five minute recess. He then brought the hearing back to order. Mr. Richardi through Attorney Mills proposed to reduce the standees by 48. Officer Maher said the counts do not add up – 34 stools downstairs and it states 39. Mr. Sadler stated the occupancy load is larger than what they want for seats. Officer Maher stated the police check by room – if the plan is not the same as what they want for each room it is hard to for the police to enforce. The plan needs to be clarified. The Building Commissioner needs to sign off on the plan as well. Mr. Richardi stated they asked for 5 entertainers because they already have two groups they use at his other restaurants. By soundproofing the place and locating it where they did, it should not make a difference if there are 5 or less entertainers. He also stated it is not the number of musicians but how LOUD they play – a good example is Lou Colombo’s band. They have had no noise complaints about them in the other areas. He feels the groups he has are good groups and will enhance the place. They want to keep the 5 entertainers. Mr. Hoxie asked about having entertainment just on weekends. Mr. Richardi stated they run Wednesday through Sunday at Carbo’s. If there is a sporting event they will not be having a band too. Mainly it is Wednesday through Sunday they need. Mr. Hoxie stated sportsbars can easily turn into nightclubs. Mr. Richardi stated he almost bought Dino’s. He thinks this place will be a nice place to watch a sporting event. Mr. Mills thinks the interior ambience will draw a good crowd. He is hoping not to attract the marginal people – they would not be comfortable there as it will be a nice place. Mr. Richardi stated he also is very particular who he lets into the places he owns and runs. Mr. Burman asked whose name is on Sopranos, Boathouse and Carbos. Mr. Richardi’s is on all three now, but he is transferring the Boathouse to its General Manager and the Sopranos to Barbara (did not get last name) and Carbo’s to Barbara Komenda, who spoke earlier. His name will be on this license as he plans to be there. He will own it and run it. Mr. Sullivan stated that the trucks delivering things are on the condo property no matter what. How can he change this to have trucks pull in and not block the condo area? It is very narrow and we have heard this before. Mr. Richardi stated it happened in the past and then they changed deliveries to HALF trucks – they can unload under a shed top and will not block the area. Mr. Sullivan stated they must be very diligent about that issue with the condo driveway. Mr. Hoxie stated not only was it a messy situation but a dangerous one at the prior establishment. If there is any problem at all with the entertainment we grant Mr. Richardi there will be an immediate show cause hearing to revoke it; he stated emphatically there will not be “second and third chances.” Lt. Jason asked about the for sale sign on the property – Mr. Richardi stated it should have been taken down. It was mentioned that the Licensing Board had issues with people who were supposed to be there and weren’t. There were issues with the North

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Street lot as well - trash. The police department wants them to have shirts clearly marked for their staff; that the staff all be properly trained; that Mr. Richardi also is there at closing time and that the police have a contact number for him. She stated everyone wants him to have a good business and the police want good communication. Mr. Richardi stated he will do so. Mr. Hoxie suggested a 210 limit pending approval by the Building Commissioner and the entertainment for 5 pieces. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of North Street Steakhouse and Sports Bar, Inc., d/b/a North Street Steakhouse and Sports Bar, 72 North Street, Hyannis, MA, Edmond M. Richardi, Jr., Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 11 am to 1 am. Total occupancy 210 including employees. Motion unanimously carried. A second motion was duly made by Mr. Burman and seconded by Mr. Sullivan to approve the daily live, non-live and Sunday entertainment licenses requested from 10 pm to 12:45 including Keno. Motion unanimously carried. New Annual Wine & Malt Package Goods Retail License: Application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License. Continued to 2/25/08. Continued again to 3/17/08 for appeal period to end for Special Permit. Request for a continuance to 3/31/08 was faxed to the office by Attorney Butler’s assistant. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License to 3/31/08 at the request of the applicant’s Attorney. New Annual All Alcohol Common Victualler License: Application of Country Club Elite, Inc., d/b/a Philbricks, 1460 Route 149, Marstons Mills, MA, Ian Philbrick, Manager, for a New Annual All Alcohol Common Victualler License, with seating for 48 in the dining room and 35 on the deck on the first level and for now does NOT include the lower level. Mr. Philbrick appeared for his application. This is the old Bellieputters location on Route 149. Mr. Philbrick asked for the CV license to be granted alone for the time being as he wants to get opened. Then add the liquor license. Gene Burman made a motion, seconded by Paul Sullivan to approve the application of Country Club Elite, Inc., d/b/a Philbricks, 1460 Route 149, Marstons Mills, MA, Ian Philbrick, Manager, for a New Annual All Alcohol Common Victualler License, with

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seating for 48 in the dining room and 35 on the deck on the first level and for now does NOT include the lower level. The motion carried unanimously. Automatic Amusement Device License: Application of Hyannis Anglers Club, Inc., 235 Ocean Street, Anthony J. Folino, Manager, for an Automatic Amusement Device License 7 days per week. Mr. Buckley appeared for this application for an automatic amusement license for a coin-operated jukebox. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Hyannis Anglers Club, Inc., 235 Ocean Street, Anthony J. Folino, Manager, for an Automatic Amusement Device License 7 days per week. New Annual Junk Dealer’s License: Application of Carl Marchetti, d/b/a Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for a New Junk Dealer’s License. Mr. Hoxie asked again of Mr. Marchetti how he plans to assure us there will be no problems with this operation? Mr. Marchetti stated he has the knowledge, integrity and dedication to make this work. Mr. Hoxie stated there have been difficulties in the past, and that is why it was not renewed. Mr. Hoxie stated he would be willing to grant a 6 month license to be monitiored closely by the Police Department. Lt Jason stated there is a long history with Mr. Marchetti, and she feels he is trying to get the business properly licensed and do the right thing. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to grant the license of Carl Marchetti, d/b/a Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for a New Junk Dealer’s License with close supervision of the police department for 6 months. Mr. Hoxie asked him to check with the Recorder as to what date he will have to appear in September. Alteration of Premises and Change of Manager: Application of A. J. Luke’s of Hyannis, Inc., d/b/a Luke’s Super Liquors, 395 Barnstable Road, Hyannis, Arthur J. Luke, Manager to alter the premises as fol lows: Include in the existing description as part of the last sentence, “ including a 19’ x 20’ partit ioned designated space for wholesale,” and for a Change of Manager to Jeremy Hil ley. A.J. Luke appeared for the alteration of premises for str ict ly wholesale space – he has had the wholesale l icense for several years. With that l icense they can get products that are not available through distr ibutors. They can cut out the wholesalers. They wil l need very l i t t le more space for i t but i t needs to be a designated area. Two other l iquor stores in the

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State have this l icense too. The State has already approved it, but he needs it kept in a designated area approved by this Board for the product. Thus the l icense would read a l i t t le differently. I t is for lesser known brands, etc. Off icer Maher asked if customers can go into the area. Mr. Luke stated they cannot – it is in his basement. The l icense fee is $10,000.00 per year. Mr. Hoxie asked about Mr. Hil ley’s experience with regard to his application for Manager – he was Assistant Manager for another Luke’s and at this present one as well. Mr. Sull ivan asked about these brands are not available through wholesalers. Mr. Luke stated they are gett ing what is not delivered at present. Cory Fitzgerald asked about the wholesale l icense; he asked why other places do not have or want this? Is i t the well known brands? Mr. Luke stated these brands are not sold in l iquor stores usually. Mr. Fitzgerald just wanted to make sure it gave them no competit ive edge over the other stores locally. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of A. J. Luke’s of Hyannis, Inc., d/b/a Luke’s Super Liquors, 395 Barnstable Road, Hyannis, Arthur J. Luke, Manager to alter the premises as fol lows: Include in the existing description as part of the last sentence, “ including a 19’ x 20’ parti t ioned designated space for wholesale,” and for a Change of Manager to Jeremy Hil ley. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Common Victualler All Alcohol renewals as submitted below: Spanky’s Clam Shack & Seaside Saloon Fresh Ketch The Paddock Harbor Point Trader Ed’s La Paz Surf Cantina Kian n’ Rylees A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Common Victualler Wine & Malt renewals as submitted below:

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Cooke’s Cape Cod Melody Tent A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Innholder All Alcohol renewals as submitted below: Hyannis Inn Motor Hotel A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Club All Alcohol renewals as submitted below: Cotuit Highground Golf Club Baxter’s Boathouse Club A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment renewals as submitted below: Spanky’s Clam Shack & Seaside Saloon Fresh Ketch The Paddock Harbor Point La Paz Surf Cantina Baxter’s Boathouse Club A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Daily Non-Live Entertainment renewals as submitted below: Hyannis Inn Motor Hotel Fresh Ketch La Paz Surf Cantina A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Sunday Entertainment renewals as submitted below: Spanky’s Clam Shack & Seaside Saloon Hyannis Inn Motor Hotel Fresh Ketch The Paddock Harbor Point Baxter’s Boathouse Club

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Seasonal Video Games/Coin-Op Machines renewals as submitted below: Hyannis Inn Motor Hotel A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the Lodging House renewals as submitted below: Honeysuckle Hill Other Business: A local establishment has asked about opening day of baseball this year – as it is in Japan it starts at 6 am; can the Board grant the places permission for this? Mr. Hoxie stated we are not going to do this. Adjourned at 11:15 am. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



March 31, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, March 31, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Thomas Geiler, Director of Regulatory Services and Licensing Agent was absent. Requests: One Day Beer & Wine License: Application of Elizabeth Butler on behalf of Centerville Public Library, 585 Main Street, Centerville for a One Day Beer & Wine License for a fundraising wine tasting event with live auctions at the library on May 17, 2008 from 4 pm to 8 pm. Elizabeth Butler appeared for her application. This will be a wine fundraising event with live auctions and a wine tasting. They need to raise 40-50% of their budget themselves. Mr. Burman asked about the service of alcohol by a package store. Mrs. Butler said they have done it for them before at Alberto’s – they portion out 2 oz. for each cup. Mr. Burman just wanted it read into record that he had a concern about a package store serving. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Elizabeth Butler on behalf of Centerville Public Library, 585 Main Street, Centerville for a One Day Beer & Wine License for a fundraising wine tasting event with live auctions at the library on May 17, 2008 from 4 pm to 8 pm. Hearings: Amendment to New Annual All Alcohol Common Victualler License: Country Club Elite, Inc. d/b/a Philbrick’s, 1460 Falmouth Road, Marstons Mills, Ian Philbrick, Manager, due to a miscommunication, has requested to add to its license description approved at the 3/17/08 Licensing Authority Hearing, “seating for 48 in the lower level. “




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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken with regard to the Annual Common Victualler All Alcohol License granted to Country Club Elite, Inc. d/b/a Philbrick’s, 1460 Falmouth Road, Marstons Mills, Ian Philbrick, Manager on 3/17/08, to add to the license description, “seating for 48 in the lower level.“ New Annual Wine & Malt Package Goods Retail License: Application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License. Continued from 1/15/08. Continued from 1/15/08. Continued again to 3/17/08 for appeal period to end for Special Permit. Continued again to 3/31/08. Mr. Hoxie requested a further continuance to 4/14/08 as Mr. Mihos is unable to attend today’s hearing. Bill Cronin appeared for the hearing – he stated he was here February 25, March 17 and now again today and asked how many times they are allowed to continue it. Mr. Hoxie stated that the hearing was continued first for determination whether it needed Planning Board approval. The hearing itself was already held. He then stated we will allow additional testimony at the next hearing. On the 14th it will be determined if it should be withdrawn if they do not go forward. Mr. Cronin stated he was very unhappy about missing another morning’s work. New Common Victualler License: Application of Timothy Gaudette/Stinky Inc. d/b/a The Black Bean Cafe, 50 Sea Street, Hyannis, MA, Timothy Gaudette, Manager, for a New Common Victualer License, the hours of operation to be 6 am to 6 pm. Mr. Gaudet appeared for his application. It will be a 15 seat restaurant – mostly lunch menu with a breakfast burrito, muffin menu. They will be open 7 days. They plan to be open by May 1 at the latest. Mr. Sullivan asked where it is? It is south of Sea St. Mr. Burman mentioned he had seen people working there this morning. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Timothy Gaudette/Stinky Inc. d/b/a The Black Bean Cafe, 50 Sea Street, Hyannis, MA, Timothy Gaudette, Manager, for a New Common Victualer License, the hours of operation to be 6 am to 6 pm. Increase in # of Entertainers on Daily Live Entertainment License: Application of RCSJ Group, Inc., d/b/a Fresh Ketch, 462 Main Street, Hyannis, Raymond C. Roy, Manager, holding an Annual All Alcohol Common Victualler License and a Daily Live,

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Non-Live, and Sunday Entertainment Licenses for 3-4 entertainers, for an increase in their live entertainment and Sunday entertainment license to 5 entertainers to accommodate a band they have had for years. Mr. Roy appeared for his application. He owns Fresh Ketch. They have had a 3-4 piece license for the past few years; they would like to increase it to 5. He stated there are 4 other places within 500 yards which have 5 entertainers on their licenses. They have a band who will not play for them again unless they have permission for all 5 pieces. He stated there are others who have 5-6. He will not name them unless asked. They want to remain competitive. Mr. Sullivan asked about inside, outside or both? Mr. Roy stated inside only. Officer Maher said Shango Axe does amplify. Mr. Roy stated they do not amplify in their restaurant. Officer Maher stated all other places he has seen them they do amplify. Officer Maher also stated that Fresh Ketch had 6 noise complaints this past season – and also had a tendency not to close down the entertainment at the proper time. He agreed that others in the area do have the 5 pieces. He stated with the windows they have at Fresh Ketch it adds to the noise problem. Mr. Roy stated the only violation they have had is when the police walked by and heard it. The only violation they were brought in for was for a violation on operating at 12:33. That was the only one the Board heard, and they were issued a warning. They are planning to operate it until 12:30 only – not 12:45 when the Board standardized the time to 12:45. Mr. Hoxie stated the applicant is aware of the police concerns. He does not see a problem with adding an entertainer. Lt. Jason stated there are a lot of complaints from the hotel nearby – Mr. Roy stated that they have asked the motel owner to call them immediately if there is noise which is bothering them. Lt. Jason is looking for the police not to have to monitor it or have the hotel have to call. She wants THEM to monitor their own noise so it does not disturb the motel. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of RCSJ Group, Inc., d/b/a Fresh Ketch, 462 Main Street, Hyannis, Raymond C. Roy, Manager, for an increase in their live entertainment and Sunday entertainment license to 5 entertainers. Mr. Roy then asked, “off the record” for permission to serve alcohol on the patio until 11:30 rather than 10:30 as he had represented he would do last season. Lt. Jason stated the patios were very well managed last year. Mr. Roy stated there is no limit on his license. He would like to change it to 11:30. The Board, Martin Hoxie and Gene Burman and Paul Sullivan agreed to grant him permission to serve alcohol until 11:30 outside on his patios. Renewals:

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The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler All Alcohol Seasonal renewals as submitted below: Common Victualler All Alcohol: Gringo’s Mattakeese Wharf Joe’s Twin Villa* Keeper’s The Black Cat A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Club All Alcohol Seasonal renewals as submitted below: Club All Alcohol: The Beach Club A motion was duly made by Gene Burman and seconded by Paul Sullilvan and a unanimous vote taken to approve the Innholder All Alcohol Licenses as submitted below: Innholder All Alcohol Hyannis Harbor Hotel A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment renewals as submitted below: Daily Live Entertainment: Trader Ed’s Kian n Rylee’s Mattakeese Wharf The Beach Club Joe’s Twin Villa* Hyannis Harbor Hotel The Black Cat

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals as submitted below: Daily Non-Live Entertainment: Gringo’s Joe’s Twin Villa* Hyannis Harbor Hotel A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Pool Table Licenses as submitted below: Pool Tables: Joe’s Twin Villa* A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Coin-Operated Machine Licenses as submitted below: Coin Operated Amusements: Joe’s Twin Villa* A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday Entertainment renewals as submitted below: Sunday Entertainment: Trader Ed’s Gringo’s Mattakeese Wharf The Beach Club Joe’s Twin Villa* Hyannis Harbor Hotel The Black Cat A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewal as submitted below: Common Victualler: Ben & Jerry’s

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* Joe’s Twin Villa licenses will be approved but not issued because they do not have a State Safety Inspection Certificate signed by the Building Commissioner and Fire Chief. If or when this is received, we will renew their license with the ABCC and issue the licenses. Other Business: Mr. Burman stated he would like to appoint Mr, Hoxie for Chairman of the Licensing Authority for the coming year. It was unanimously voted to approve that nomination. Mr. Hoxie stated he would like to nominate Mr. Burman as Co-Chair of the Licensing Authority for next year and it was unanimously voted to approve that nomination. Mr. Burman then nominated Mr. Sullivan as Clerk of the Licensing Authority for next year and it was unanimously voted to approve that nomination. Mr. Burman made a motion to double their salaries. The meeting was adjourned at 9:55 a.m. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



April 14, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, April 14, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Richard Boy, Associate Commissioner, Patrolman Steve Maher, Liaison Officer from the Barnstable Police Department, and Christine Ade, Recording Secretary. Thomas Geiler, Director of Regulatory Services and Licensing Agent and Lt. JoEllen Jason, Liaison Officer from the Barnstable Police Department were absent. Requests: One Day Beer & Wine License: Application of Susan Griffin on behalf of M.S.P.C.A., 1577 Falmouth Road, Centerville for a One Day Beer & Wine License for a fundraising auction event with a band to be held at Cotuit Center for the Arts, 4044 Falmouth Road, Cotuit on May 3, 2008 from 4:00 pm. Susan Griffin appeared for the M.S.P.A. application. This is a fundraising event. They will have food and entertainment as well. It will be from 4 pm to 8 pm. They have a bartender from Cape Cod Bartending to serve. They will have a ½ hour with Jimmy Tingle and the Cape Cod Jazz ensemble. Gene Burman wondered why they weren’t applying for an entertainment license – it is because Cotuit Center has those licenses already. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Susan Griffin on behalf of M.S.P.C.A., 1577 Falmouth Road, Centerville for a One Day Beer & Wine License for a fundraising auction event with a band to be held at Cotuit Center for the Arts, 4044 Falmouth Road, Cotuit on May 3, 2008 from 4:00 pm to 8 pm. One Day All Alcohol License and Two One Day Beer & Wine Licenses: Application of Rusty Piersons and Terri Lerman on behalf of Cape Cod Life Publications, 270 Communications Way, Hyannis, MA for three events: June 1, 2008 at Hyannis Rectrix Aerodrome for an All Alcohol License from 3 pm to 6 pm for a Grand Opening Tasting to benefit the Arts Foundation of Cape Cod and the Institute for Hospitality and Culinary




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Studies of Cape Cod Community College; and for two Beer & Wine Licenses for Wine Dinners on June 4, 2008 from 4 pm to 6 pm at Cotuit Center for the Arts, 4044 Falmouth Road, Cotuit and June 14, 2008 from 3 pm to 6 pm at Cape Cod Maritime Museum, 35 South Street, Hyannis. Mr. Piersons and Ms. Lehrman appeared. There will also be entertainment on Sunday at Cotuit Center. The wine purveyors will be dispensing the wine and alcohol. This is a profit organization but they do get involved in charity. All ticket sales on two of the evenings will go to Arts Foundation of Cape Cod which is sponsoring it with them and is a non-profit organization. There is only one table with rum – the issue is that we can only issue an all alcohol license to the Arts Foundation and Community College, not Cape Cod Life alone. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the applications for Cape Cod Life Publications and the Arts Foundation of Cape Cod for three events: June 1, 2008 at Hyannis Rectrix Aerodrome for an All Alcohol License from 3 pm to 6 pm for a Grand Opening Tasting to benefit the Arts Foundation of Cape Cod and the Institute for Hospitality and Culinary Studies of Cape Cod Community College; and for two Beer & Wine Licenses for Wine Dinners on June 4, 2008 from 4 pm to 6 pm at Cotuit Center for the Arts, 4044 Falmouth Road, Cotuit and June 14, 2008 from 3 pm to 6 pm at Cape Cod Maritime Museum, 35 South Street, Hyannis. One Day Entertainment and One Day Sunday Entertainment License: Application of Margaret Van Sciver on behalf of the Arts Foundation of Cape Cod for a One Day Entertainment License and a Sunday Entertainment License for “Fall of the Arts” with 2 to 26 entertainers, to be held on the Village Green, Main Street, Hyannis, on October 4, 2008 from 10 am to 5 pm and October 5, 2008 from 12 pm to 5 pm. Ms. Van Sciver appeared for the application for 2 to 26 entertainers for an event with Cape Cod View Magazine – it is free but open to the public, offering cultural activities, open houses and entertainment on the Green Saturday and Sunday – Dixieland Diehards and a folk and bluegrass group and a R&B group. All will have amplified sound. They hope this will become an annual event. They are working with the Chamber, the BID, the Cahoon Museum, Cotuit Center, etc. Gene Burman had a question about the amplified music; he wanted to make sure it stayed within the regulations of the Town as far as sound containment is concerned. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Margaret Van Sciver on behalf of the Arts Foundation of Cape Cod for a One Day Entertainment License and a Sunday Entertainment License for “Fall of the Arts” with 2 to 26 entertainers, to be held on the Village Green, Main Street, Hyannis, on October 4, 2008 from 10 am to 5 pm and October 5, 2008 from 12 pm to 5 pm.

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Hearings: Alteration of Premises: Application of O.D.A.A.T. Corporation, d/b/a The Original Gourmet Brunch, 517 Main Street, Hyannis, John E. Cotellessa, Manager, to alter the premises as fol lows: Include in the existing description as the last sentence, “A patio adjacent to the front of the building with six tables of four, increasing the total seating at the restaurant to 94.” A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of O.D.A.A.T. Corporation, d/b/a The Original Gourmet Brunch, 517 Main Street, Hyannis, John E. Cotellessa, Manager, to alter the premises as fol lows: Include in the existing description as the last sentence, “A patio adjacent to the front of the building with six tables of four, increasing the total seating at the restaurant to 94,” to our meeting on May 19, 2008 at the request of the applicant. New Seasonal Common Victualler All Alcohol License, Daily Live, Non-Live and Sunday Entertainment Licenses: Application of Lobster Girl Lobster Boy, Inc., d/b/a Raw Bar On Ocean Street, 230 Ocean Street, Hyannis, MA, Elizabeth Westwater, Manager, for a New Seasonal All Alcohol Common Victualler License, Daily Live (maximum 3 entertainers), Non-Live (recorded music) and Sunday Entertainment Licenses (from 5 pm to 9 pm only). Attorney Mark Gildea appeared with his clients. Mr. Weekes appeared with his wife, the proposed manager. Mr. Weekes has over 25 years in the business in Mashpee. The building will have two occupants – the Raw Bar will occupy ½ the building. Hy-Line owns the building. This is for a seasonal all alcohol license. Mr. Weekes is sole owner of the business. They are asking for 11 am to 1 am and entertainment from only 5-9 pm. They do not expect the entertainment to go later than that. Ms. Westwater has extensive experience as well. All employees would be TIPS certified. Attorney Gildea represented that his client has reviewed the Town Rules and Regulations with respect to licenses held in the Town. Mr. Weekes also provided a policy for admittance which he follows in Mashpee. It was given to Mr. Hoxie. The Mashpee Chief of Police has also provided a letter for the Board referencing Mr. Weekes being a responsible restaurant operator and recommending we grant his license. Mr. Hoxie is concerned about the entertainment – what type do they intend to have? Where in the building? Mr. Weekes wants a trio, steel drum player, guitar player on the roof deck tucked in a corner. The proposal is for an outside covered deck. It is enclosed on the rear side but not the front. The majority of the neighbors are on the opposite side from where the music will be. Mr. Hoxie asked about parking. The subject premises are in yellow, pink is public parking, blue is public parking owned by Hy-Line. Mr. Sullivan asked where the open part of the deck would face. Attorney Gildea stated there are also flaps on the deck. The Mashpee establishment has entertainment too – Mr. Hoxie asked how it affects the residents nearby. Attorney Gildea stated he lives across the street and is not adversely affected.

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Steve Maher testified as to the investigation he undertook into Mr. Weekes present location. He stated that two of the ads on Mr. Weekes website are directly against the Town of Barnstable’s policies – a “luge” party and inappropriate behavior in the establishment as evidenced by photos on the site. Attorney Gildea stated they will keep the type of entertainment on the website “in Mashpee, where it is allowed.” Mr. Burman again stated he will not condone any outdoor amplified entertainment. Attorney Gildea stated they are aware of the issues in the area. They are talking to residents in the area to make sure there are no problems. Phil Doherty appeared – he lives 3 houses away. He stated the Pomponessett serves a wonderful lobster roll. He does have an issue, however, with the entertainment. There are already sounds from all the harbor restaurants. On Channel Point Road where he lives, he hears the Trader Ed’s sound the most. He is concerned about the open deck. He stated the sound will probably go North rather than South, but he has also had a problem with the Black Cat putting entertainment where it is not allowed. He does have an issue with this. Felicia Penn, Daisy Bluff Lane, had no problem with the restaurant, but also had a concern with the outside entertainment in the harbor area. There have been a lot of improvements with regard to the noise. She stated The Hyannis Harbor Hotel deserves kudos for hiring a sound engineer. It is an outside bar with a permanent awning with very thick sides. They have succeeded in containing the sound on their property. It can be done – her concern is that steel drum sound carries. It is a loud natural noise. It may only be until 9 but she prefers not to hear it at all. She suggests a sound engineer be hired or keep the entertainment inside and stated that if it is granted and has to be enforced it is difficult – the police have more important things to do. Philip Scudder, VP of Hy-Line, stated they spoke at length to Mr. Weekes regarding his experience and time in the restaurant and bar business. They were pleased with what he has assured them will be different than the Mashpee operation – totally different clientele as well. They even got into discussing logos, etc. Mr. Weekes made sure to tell him that he will comply strictly with Barnstable’s regulations. Mr. Goddard came forward and stated he lives directly across the harbor – 1000 feet from them. The music will be directed right at him. He stated that right now the restaurants are pretty quiet – he is very concerned about the outside deck area on this new restaurant. He has heard first rate comments about the operation and its food, but asks that the entertainment be enclosed. As a neighbor to the North please consider his position. Attorney Gildea stated they will agree to amend their application to contain the entertainment to inside downstairs (same times) until they can consult a sound engineer to contain the music on the outside deck. Mr. Weekes wanted to address his website – ours will be a completely different operation. The Hyannis operation will be food and family oriented in line with the Hy-Line passengers.

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Gene Burman asked Mr. Scudder about the Lease – is it contingent on their getting an entertainment license? Attorney Gildea stated it is not. Mr. Burman opposed the entertainment totally as a result of the website even though they stated it was not going to be the same type. Mr. Hoxie stated that the Mooring had entertainment and was successful. He thinks no-one will object if the entertainment is inside. Her suggested we approve it inside only. Mr. Burman again stated he does not want to see the Hy-Line reputation tarnished by an operation that is not in line with what Barnstable would allow. Mr. Sullivan stated he feels whatever will go on there will be in compliance – he is willing to let this business have a chance with 1st floor inside entertainment. Mr. Hoxie stated that other establishments in the area are only granted inside because of noise issues. They do not expect any issues to arise. A motion was duly made by Mr. Sullivan and seconded by Mr. Hoxie and a vote taken to approve the application of Lobster Girl Lobster Boy, Inc., d/b/a Raw Bar On Ocean Street, 230 Ocean Street, Hyannis, MA, Elizabeth Westwater, Manager, for a New Seasonal All Alcohol Common Victualler License, which was approved unanimously. A motion was duly made by Paul Sullivan and seconded by Eugene Burman for Daily Live (maximum 3 entertainers on the first floor inside only), Non-Live (recorded music) and Sunday Entertainment Licenses (from 5 pm to 9 pm only). Mr. Sullivan and Mr. Hoxie voted yes. Mr. Burman voted no. Motion passed. Mr. Sullivan again stressed that he hopes this operation is vigilant in compliance and succeeds. Transfer of Annual All Alcohol Common Victualler License and Pledge of License: Application of Misaki, Inc., d/b/a Misaki, Torao Ota, Manager, 379 West Main Street, Hyannis, MA for a Transfer of its Annual All Alcohol Common Victualler License to WKC, Inc., d/b/a Misaki, Karen L. Butler, Manager, and for a Pledge of the License to The Community Bank. Attorney Theodore Schilling appeared with Ms. Butler. She and her sister are TIPS trained. They have two people with Serv Safe Certificates. Karen has experience here on Cape Cod and has read the Town Rules and Regulations. A motion was duly made by Gene Burman under Chapter 138 of the General Laws, and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Misaki, Inc., d/b/a Misaki, Torao Ota, Manager, 379 West Main Street, Hyannis, MA for a Transfer of its Annual All Alcohol Common Victualler License to WKC, Inc., d/b/a Misaki, Karen L. Butler, Manager, and for a Pledge of the License to The Community Bank. Modification to Existing Daily Live Entertainment License: Application of SPSS Enterprises, LLC, d/b/a Asa Grill & Reputation, 415 Main Street, Hyannis, Mollie Lehane, Manager, for Modification to its Daily Live Entertainment License, by

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allowing a one piece band member to play piano, guitar, steel drums, harmonica or possibly another instrument on the outside front patio on Fridays only from 5 pm to 8 pm commencing 5/16/08 through 9/19/08. Shane Pacheco appeared for his application. He stated that a large percentage of his business is done on that outside patio. It will be non-amplified music. Mr. Sullivan stated he doesn’t know how many places in the area have a license for live entertainment outside…. Mr. Burman stated we gave it to Schooner’s (in the back) and have had no problems. He is inclined to go along with it as it would help the whole Main Street revitalization effort. Dick Boy stated it should be a plus for the Town to show the area is being used in a good way for tourists. Cynthia Cole came forward for Hyannis Main Street Business Improvement District. They do want to see entertainment on Main Street – localized on the properties. It will make it festive, friendly and warm. She is in support and hopes we will support other requests that come forward as well. Mr. Sullivan is also in favor as it is very small, confined to one evening and non-amplified. Steve Maher stated this application should not cause any problems for the Police Department as set forward and the applicant has been very cooperative with the police department to date A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of SPSS Enterprises, LLC, d/b/a Asa Grill & Reputation, 415 Main Street, Hyannis, Mollie Lehane, Manager, for Modification to its Daily Live Entertainment License, by allowing a one piece band member to play piano, guitar, steel drums, harmonica or possibly another instrument on the outside front patio on Fridays only from 5 pm to 8 pm commencing 5/16/08 through 9/19/08 and non-amplified. New Annual Wine & Malt Package Goods Retail License: Application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License. Continued from 1/15/08. Continued again to 3/17/08 for appeal period to end for Special Permit; continued again to 3/31/08 as the Attorney for the applicant could not be present; continued again to 4/14/08 as the applicant could not be present. Attorney Patrick Butler came forward with his client, Christy Mihos. Mr. Hoxie stated he wanted to open this up to the Attorney first. Attorney Butler thanked the Board for the continuances so he and his client could both be present. He stated that the first continuance was for a Planning Board decision – which came in allowing the Special Permit. The appeal period has expired and no appeal was taken. The prior testimony presented was in depth about the resume of Mr. Mihos and the need and findings. The Planning Board finding was to approve with

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certain conditions. Attorney Butler stated it is important to show that they believed this application will not affect the neighborhood in a negative way and in Tab E of his memo, it provides for permits in what was previously a residential district. Mr. Mihos weas present to answer any questions. Mr. Burman had one comment to Mr. Mihos – he stated it is quite a responsibility to have his name on the license; hopes in the near future he can find a responsible person to carry the license. Mr. Butler stated that for the 1st year at least, Mr. Mihos wants to be responsible and monitor this license closely. Mr. Sullivan stated he remembered a comment made that Mr. Mihos hires locally and that impressed him. There will be upgrading on their sign and landscaping. There was a concern that single serving alcohol will not be sold. That is condition #7 of the Planning Board decision – no sale of single container servings. Mr. Burman asked how this could be enforced? Attorney Butler stated they would have no problem including the wording from the Planning Board decision on our license. Mr. Hoxie asked for more elaboration on public need. Attorney Butler stressed that this location in relationship to the harbor district is unique. The Town is hoping for the new “mixed use area” to succeed, and stated that in particular the transient traffic coming on and off boats would be within walking distance for purchasing alcohol without having to use a vehicle. It is within the purview of the Board. He also stated we can look to the future for the “vision” of the waterfront district. Ed Rosario, owner of Willow Package Store, appeared to oppose the application. He presented GIS maps showing the other package stores in the area and how close they are. His concern with another liquor store in this area is about the location, not the copmpetition. He stated that the Town spent a lot of money on Aselton Park – there is an opportunity for drinking going on outside at the park and surrounding areas. There is another liquor store 1/16th of a mile away. There are five others within a mile. He stated that he walks his parking lot every morning to clean up. He spends 3-4 hours every morning cleaning up. He wondered about the mess spilling over onto the Town Green and the park – who will police the areas? He thinks it will fall back on the Town itself. John Rosario, Ed’s brother, also appeared to oppose the new liquor store stating there are so many transients and homeless people around – there would be also a problem with them if they could so easily purchase their alcohol here. There is also a school nearby and the kids hang around on the green and in that park. Who will be policing the people in the stores who are actually selling the alcohol? Who will be watching the alcohol area if there is only one clerk? He stated there is enough other business to watch over. Who will monitor I.D.’s? Are the other convenient stores next? He is also in opposition. Jill Snook, resident of Barnstable, is in favor of the application. She said she has young children – she thinks it would be a good convenience for her as she stops there for gas with a coupon anyways, to be able to purchase the alcohol there as well. She stated that the Christy’s stores are very clean and well run. Gary Brown also came forward to speak in favor of Christy’s. It is still his thought that it is illegal to drink on Town property. John Klimm has brought that forward time and time again. He thinks people going to the boats will be passing this place; not passing by

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Willow or Hyannis Package. He also thinks people from the island may buy here and take it back home as it would be cheaper here. Bill Cronin, South Street, Hyannis is in opposition. He stated it would increase traffic on South Street, Ocean Street. He pointed out that there is much less traffic and trash since Dunkin Donuts left. The other problems are litter, noise and general wellbeing of the area. He thinks this location, right across the street from an elderly housing building, would be very disruptive. The Hyannis Waterfront District concept will NOT be enhanced by granting this application. Everything in the store can either be read, drunk, smoked or eaten. Barnstable has already voted against granting food stores alcohol. He thinks the convenience for people in boats to walk there will not even be used. He believes those people will drive to the already established alcohol outlets nearby. He also pointed out that Ch 138 states that the issue of public need and protecting the common good will NOT be served by another wine and malt package store in this location. He asked the Board to deny. Corey Fitzgerald also opposed the application for all the same reasons. He stated it would promote more outside drinking. He also thinks the Manager of a liquor store has to work a minimum of 35 hours per week. He stated that Mr. Mihos is a very busy man and it would be hard to run the store himself. He does not see the need for another store with beer and wine. Lawrence McCarthy appeared in favor of the application for the people in the Senior Citizen’s Housing across the street – stating it would be a convenience for them. Cynthia Cole, Hyannis BID, also came forward – stating there is no package store on the harbor. She thinks it lends to more uses on the harbor. It is a nice convenience for the seniors right across the street. Secondly, Christy Mihos is a responsible corporate citizen. As far as drinking in public or drinking small nips etc., they will not be selling small bottles or cans or single servings. She only wishes that stipulation was on ALL liquor stores. She said she is disappointed that the other liquor stores are against this because of competition. Mr. Fitzgerald commented about the senior center wanting the convenience of the store across the street. He stated there are liquor stores that deliver. That should not be a consideration. Attorney Butler stated that the Dunkin Donuts would cause more traffic than a liquor store would. He thinks people driving in from Centerville, for example, would find this a much more convenient place to go rather than having to loop around to another store location. He agreed there is a homeless problem, but the store will address this issue and be vigilant about their selling policies. Bill Cronin suggested he go to a package store closer to him in Centerville, down Scudder.

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Ed Rosario came forward again stating he spends 7 days per week in his store. They have not had a violation in 17 years. He said he has probably pulled 20 licenses. He stated many of the people who are hired there (Christy’s) are foreign speaking. It is not a problem except that someone ion the store must be TIPS trained and able to read and discern which licenses are real or faked. Everything is a single – a six-pack is singles banded together. His concern is the seniors walking across that busy road with no crosswalk. It is a very busy corner. Mr. Butler reiterated that Mr. Mihos has managed Christy’s for well over 10 years. His relationship to licensed establishments – he has a full liquor license in Orleans, had another in Sandwich. He understands our Blue Book and having his employees trained. He has a minimum of 2 employees on duty at any time. Mr. Hoxie stated if this application was for all alcohol it would be a different story. The Baord does not want to interfere with free trade. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Christy’s of Cape Cod, LLC, d/b/a Christy’s of Cape Cod, 50 Ocean Street, Hyannis, MA 02601, Christy Mihos, Manager, for a New Annual Wine & Malt Package Goods Store License with the stipulation that the license be subject to all the conditions of Special Permit # 2008-01 issued on March 18, 2008 by the Town of Barnstable Planning Board. Paul Sullivan stated he wanted it on the record that its closeness to areas not easy to monitor or patrol and closeness to schools is what concerns him the most. He stated this is a unique area and that the person applying is a very responsible person. New Common Victualler License: Application of Noah’s Wrap, Inc., d/b/a Noah’s Wrap, 770 Main Street A-4, Osterville, MA for a New Common Victualler License, Joan M. O’Donnell, Manager, hours of operation to be 6:00 am to 8:00 pm. The new owner stated that this will be a burrito, panini restaurant. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Noah’s Wrap, Inc., d/b/a Noah’s Wrap, 770 Main Street A-4, Osterville, MA for a New Common Victualler License, Joan M. O’Donnell, Manager, hours of operation to be 6:00 am to 8:00 pm. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Automatic Amusement renewal as submitted below:

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Automatic Amusement: Courtyard Marketplace – carousel A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Junk Dealer renewals as submitted below: Junk Dealers: Historical Military Antiques Best for Less Blockbuster Video A.J. Marks Jewelers Guertin Brothers Jewelers Diamond Perfections A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewal as submitted below: Daily Non-Live Entertainment: Courtyard Marketplace A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Video Games renewal as submitted below: Video Games: Courtyard Marketplace – 40 games A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday Entertainment renewal as submitted below: Sunday Entertainment: Courtyard Marketplace Other Business: Keno to Go. Notification of Keno establishments with no monitor – if anyone objects we can send in a letter within 21 days. Mr. Hoxie asked if there was any objection. Mr. Sullivan deferred to Steve Maher. Other than personal use Officer Maher saw nothing that would concern this Board. Gene Burman wondered if the door is opening wider

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and wider with more gambling? Mr. Hoxie stated it produces revenue. Mr. Sullivan stated this is not within our jurisdiction, but we can object should we want to. Municipal Licensing Corp. Seminar discussion as to attendance. Discussion initiated by Gene Burman regarding the Melody Tent acts already advertised – we have not yet approved the application. It was reiterated that the Board itself had requested they defer application until their complete schedule is prepared. Adjourned at 11:16 am. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

TOWN MANAGER PUBLIC HEARING MINUTES 367 Main Street – 2nd Floor Hearing Room April 23, 2008 2:30 p.m.

A Town Manager public hearing was held on April 23, 2008 at 2:30 p.m. Assistant Town Manager, Thomas K. Lynch, introduced himself and Christine Ade, Recorder. Mr. Lynch read the Notice of Hearing as follows: In accordance with Chapter 148 of the General Laws, as amended, a hearing will be held on an application to amend the existing license to use the land owned by Cape Cod Aggregates Corp., located at 1550 Phinney’s Lane, Hyannis, MA 02601 for an additional above ground storage tank with 25,000 gallon storage for asphalt, and to amend the 10,000 gallon tank for diesel to above ground (now reads underground tank), and amend the underground tank for gasoline (now reads 2,000 gallons) to 2,500 gallons. He then called the applicant to the podium to address the application. Tracy Post, Office Manager of Cape Cod Aggregates, appeared for the application. She stated that over the course of time the license has evolved and been found not to be accurate. They are now attempting to legitimize the tanks already there. A letter from Michael Jones, Health Director, was introduced for the record. It was given to the Town Manager’s Office today in favor of the application as a direct abutter. The abutters were all notified by certified mail. Tracy also advised that she had met with Mr. Schlegel of the Town, who provided a history of the property before subdivision – the old address was Cement Court (two letters entered into record). She stated Chief Crosby from Barnstable Fire was here to testify as well as Cynthia Martin, Hazardous Materials Inspector, from the Town Health department. Mr. Lynch asked the age of the tanks – she stated they have been there at least since 1986. He then asked if there is standard inspection done on them. Tracy stated this is what brought it to a head – a local inspection and renewal with the Clerk’s Office. They have had control of the first two tanks. The 25,000 gallon tank belonged to Aggregate Industries and that entity was supposed to take care of this tank. She was later told the tank goes with the land, not the Lessee, so they had to submit a request to the State Fire Marshall. They are now

The Town of Barnstable Office of Town Manager

367 Main Street, Hyannis MA 02601 www.town.barnstable.ma.us

Office: 508-862-4610 John C. Klimm, Town Manager Fax: 508-790-6226 Email: [email protected]

requesting the 25,000 tank license as new, but it has been there all along. Lucia in the Clerk’s Office could not locate the license for that tank, which is now on the property known as 1550 Phinney’s Lane. The other errors were probably typographical. Both tanks have been used – the one as a 2,500 tank and the other 10,000 is an above not underground tank. Cynthia Martin then appeared for the Health Department as Hazardous Materials specialist. Her concern was that the “new” tank have containment and be covered. She found it to be fine. She stated the other is above ground. The Fire Marshall’s require testing but the Health Department does not. She recommends approval. Chief Crosby from Barnstable Fire Dept then appeared. He has been working with Cape Cod Aggregates who he stated have been very cooperative. They have the permits at the station. They are taking the position that the tanks did exist and they are taking the proper steps to have them legitimized. In October he attended the inspection done by the State. The Fire Dept. would be notified if any spills occurred. The gasoline tank was replaced with a new tank in 1986 and has been inspected. The asphalt tank was replaced in 1984 or 1985. He entered a letter into record from John Klimm issuing a license to them in 1986. He supports the application. Mr. Lynch asked for a recommendation from staff; Christine Ade testified that we had all the appropriate paperwork and fee and that the testimony favored approval. Mr. Lynch stated he had reviewed the file and approved as well. He adjourned the meeting at 2:45 p.m. __________________________ ___________________________________ Christine Ade, Recorder Thomas K. Lynch, Assistant Town Manager Town of Barnstable Manager Town of Barnstable


SPECIAL LICENSING HEARING MINUTES Town Office Building, 200 Main Street, , Hyannis, MA –11:00 a.m.

April 28, 2008 A Special Meeting of the Licensing Authority was called for Monday, April 28, 2008 at the Town Office Building, 200 Main Street, Hyannis, MA. Martin Hoxie, Chairman, Eugene Burman, Vice Chairman, Richard Boy, Associate Commissioner, Tom Geiler, Director of Regulatory Services and Christine Ade, Recorder were present. The meeting was called to order at 11:00 a.m. by Mr. Hoxie, who commented that Mr. Geiler was back and looking good. Hearing: One Day Beer & Wine License: Application of James Miller on behalf of Cape Cod Community College, 2240 Iyannough Road, West Barnstable for a One Day Beer & Wine License for a Hospitality Gala to be held on April 29, 2008 from 5:30 pm to 10:00 pm. Rick Angelini appeared on behalf of the applicant, who is teaching a class this morning. He thanked the Licensing Authority for holding the special meeting – he was not aware the applicant did not have its one day license. He and his wife will be serving the beer and wine for the event which is the 11th annual of its type. He stated that typically the event has been at other locations. The school is cooking the food. Admission will be charged. Mr. Boy asked where the proceeds go and Mr. Angelini stated to the Zammer Culinary Institute. Mr. Hoxie asked if there was any other comment. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of James Miller on behalf of Cape Cod Community College, 2240 Iyannough Road, West Barnstable for a One Day Beer & Wine License for a Hospitality Gala to be held on April 29, 2008 from 5:30 pm to 10:00 pm. Other Business:




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Mr. Geiler asked to discuss a news article from the Pittsburgh Post-Gazette regarding the approving of satellite wine kiosks proposed by the Pennsylvania Liquor Control Board. He stated it has become popular in Europe, Australia. In Mass. we can’t do it because each location would need a license. Mr. Burman asked how they could check age? Tom Geiler stated that State issues a card which would be inserted into a slot. These kiosks would go in markets, malls, drugstores, etc. Rick Angelini stated they already have it in Japan also. Mr. Geiler also brought up the problems with liquor establishment capacity. It has always been determined by the Building Commissioner. He brought up as an analogy the old Roadhouse – was a house with maybe 100 total capacity but that number jumps when tables and chairs are removed. Maybe 20 years ago this came up. Our descriptions for the licenses are what is granted. To make a change it requires a hearing. The Town has been lenient but conceptually we need to look at the way it is granted. We now have a request from British Beer Company to remove tables and chairs to allow for a capacity increase at 10 pm from 185 to 287. The license was issued initially for a restaurant concept – now this would be changing to a restaurant PLUS a nightclub. Mr. Geiler stated the changeover from one to the other is not that easy to implement. We have a situation where they are downtown, not inappropriate for nightclub activity. He brought up the new construction at the west end and Harry’s stating those are too close to residential and would have a negative impact. The Licensing Authority must in making their decision be comfortable authorizing it at whatever location as it would then be transferable. Do they now need a General on Premise License instead of a restaurant license? This is a new concept needing careful review, thought and preparation. Mr. Geiler remembered the old Tingle’s – having a huge capacity. Mr. Burman brought up the problems associated with Guido’s. Mr. Geiler stated we now have much better control than in the past and urged the Authority to consider not only being fair, but what precedent is being set. Mr. Angelini suggested it would not be easy to enforce it. Mr. Boy asked about that one table with patrons still at it after the time they want to “change over.” What would be done if they wanted to stay put? Mr. Geiler also stated it would require two sets of capacity signs for each room affected; the capacity prior to 10 pm and the capacity after 10 pm. Mr. Hoxie brought up the question of public need. The meeting was adjourned at 11:20. _______________________________ _________________________________ Christine Ade, Recorder Martin Hoxie, Chairman Barnstable Licensing Authority Barnstable Licensing Authority

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C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\MY7NB4IL\05-05-08 Exec Sessionminutes.DOC

BARNSTABLE LICENSING AUTHORITY EXECUTIVE SESSION MINUTES

Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA 11:00 a.m. May 5, 2008

A regular meeting of the Barnstable Licensing Authority was held on Monday, May 5, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 a.m. He introduced Gene Burman, Vice Chairman, Paul Sullivan, Clerk, Richard Boy, Alternate Commissioner, Lt. JoEllen Jason and Officer Steve Maher, Liaison from the Barnstable Police Department, and Christine Ade, Recording Secretary. A motion was duly made by Gene Burman and seconded by Paul Sullivan to move into Executive Session and not to return to the regular agenda. Christine Ade took a roll call vote asking Martin Hoxie, Gene Burman and Paul Sullivan how they voted and it was a unanimous vote to move into Executive Session. Mr. Hoxie introduced Attorney David Houghton who reported that the ABCC approved this Board’s action to suspend the license of Cape Cod Inn for 6 days for violations that occurred. He stated that he wanted to compliment Steve Maher and Lt. Jason for excellent presentations. He stated we have a good team in place and gives the Board and the Police Liaison credit for doing a very good job. He compared this appeal with Kendrick’s, and was quite pleased to see that the ABCC supported us on this one. Attorney Houghton went on to say that he had called the session to ask per the ABCC that the suspension be imposed forthwith instead of a year from the dates of the violation, which is our Board’s usual policy. He said his opinion was that the appeal was made so that they would not have to suspend during the busy season of mid summer. If the suspension is served now, he thinks Mr. Vo would have no problem with it. As background, Attorney Houghton stated that in the past Mr. Vo had an issue with the dumpster – Bob Smith, Attorney Houghton and Mr. Vo met and Bob had Mr. Vo very chagrined. Attorney Houghton wondered if maybe he is not trying hard enough to follow the Town rules and regulations. Attorney Houghton is not opposed to having the suspension soon – or to perhaps bifurcate the suspension – 3 days now and 3 during season with no right of appeal. He stated that this is a recommendation only. Mr. Vo’s appeal would have to be to Superior Court




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under Ch 30A in Suffolk Superior Court and his chances would not be particularly good. The other course of action would be an injunction in Barnstable Superior Court not to serve it in season. In light of the ABCC going along with us it might not be a bad case to accept the ABCC recommendation. Attorney Houghton stated that Officer Maher’s experience with Mr. Vo is that he does everything he can to make us think he doesn’t understand when in fact he really does. Officer Maher suggested we not split the suspension. He thinks this would be setting a bad precedent. Officer Maher said also Mr. Vo is borderline already this season doing the same thing he was doing last year. Attorney Houghton’s Office spent approximately 10-12 hours on this case so far. Mr. Hoxie does not think it would violate our policy since the ABCC suggested this after they appealed. Officer Maher stated Mr. Vo did not argue the facts, ONLY the suspension dates. Attorney Houghton did suggest that if we impose the original suspension dates Mr. Vo would almost definitely go to Superior Court. This would tie up more time for us. If he does not comply this time, Attorney Houghton stated we could go for a revocation. He stated the ABCC supported us on this suspension. Officer Maher argued that he needs to serve the full 6 days, holding 3 would not help anything. If he violates we would bring him in again. Attorney Houghton suggests we post 48 hours before 5/19 that discussion take place on VN Management d/b/a Cape Cod Inn to read into record when the suspension would take place. Put it under Other Business. It was a Saturday night offense. Marty suggested 12th through 17th of May – suspend today for those dates as recommended by the ABCC. David Houghton would suggest 19th to 24th as a reasonable middle position. Mr. Hoxie stated we should follow the recommendation of counsel. Attorney Houghton thinks that imposing this around Memorial Day makes a lot of sense. Attorney Houghton again stated he thinks they would definitely appeal if we keep it in July. Mr. Hoxie asked if we can make an offer through counsel of the 19th to 24th if they would accept it? Attorney Houghton said he will propose it asap as a consensus of the LA to offer May 19 – 24 and to waive all appeals and if they don’t accept that offer, the suspension will be served as originally imposed in July. That way it need not be posted or brought up again on 5/19. Executive Session was concluded at 10:58 am. _______________________________ ______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



May 5, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, May 5, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: Two One Day Wine & Malt Licenses, Daily Live Entertainment License and Sunday Entertainment License: Application of Karen S. Enos on behalf of The Holy Ghost Society, 53 Main Street, Cotuit, MA for two Wine & Malt Licenses and a Daily Entertainment and Sunday Entertainment License for their annual (117th) Portuguese Feast to be held on June 14, 2008 from 5 pm to 11 pm and June 15, 2008 from 12 pm to 6 pm. Karen Enos appeared for her application; she is the Treasurer of the Society. This festival has been going on for many many years and has been very successful. Mr. Burman has just been made aware that one day licensees are supposed to obtain their alcohol from wholesale liquor distributors; asked her where they got theirs. Karen stated they get their alcohol from Cotuit Liquors. Mr. Geiler stated it is a requirement that one day licensees do the same thing as liquor licensees and obtain from wholesalers, however, it is really a widespread practice to get it from the stores and the reason for it is because most of the one day functions use such a small variety of alcohol the trucking of it is difficult. He then stated that the Authority has a meeting with the ABCC this week, and we will bring up this question. Mr. Burman went on to state that there is not a “wholesale” dealer on the Cape. Mr. Geiler stated we have never had a policy on this issue and will take the opportunity to speak with the ABCC about it. He stated it is a tough situation – didn’t want to tell the Licensee it is o.k. to purchase from a liquor store; and the transportation issue is also difficult with regard to quantities. He stated he is not in a position to state it is a number 1 priority to enforce it. It was mentioned that now Luke’s has a wholesale part to their license. Mr. Hoxie stated that Cotuit Liquors could be the “go between” for them with the wholesaler.




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Dave Colombo came forward and stated Cotuit Liquors has also started a wholesale division – the Roadhouse buys from their wholesale division. It was determined today to approve the one day requests as we have been doing without qualifying where they get their alcohol but to look into it this week for future applications. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Karen S. Enos on behalf of The Holy Ghost Society, 53 Main Street, Cotuit, MA for two Wine & Malt Licenses and a Daily Entertainment and Sunday Entertainment License for their annual (117th) Portuguese Feast to be held on June 14, 2008 from 5 pm to 11 pm and June 15, 2008 from 12 pm to 6 pm. Three One Day All Alcohol Licenses, Three Daily Entertainment Licenses, Sunday Entertainment License: Application of Constantine Constas on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville for 3 One Day All Alcohol Licenses and 3 One Day Entertainment Licenses for its annual Greek Festival with a DJ and 5 musicians, the event to be held on July 18, 2008 from 4 pm to 11 pm, July 19, 2008 from 11 am to 12 midnight and July 20, 2008 from 11 am to 6 pm. Mr. Constas appeared for his application. This is their 26th event. It also has been very successful. There have been no problems with traffic, etc. and they have police detail. Mr. Burman stated he has attended regularly and thought there were more than five entertainers. He suggested we amend it to a higher number to be in compliance. They have now requested 5-7 entertainers. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Constantine Constas on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville for 3 One Day All Alcohol Licenses and 3 One Day Entertainment Licenses for its annual Greek Festival with a DJ and 5-7 musicians, the event to be held on July 18, 2008 from 4 pm to 11 pm, July 19, 2008 from 11 am to 12 midnight and July 20, 2008 from 11 am to 6 pm. Two One Day Entertainment Licenses: Application of Susan M. Friedman on behalf of Dance Designs, 11 Enterprise Road, Hyannis for two One Day Entertainment Licenses for a student dance recital to be held at the Barnstable High School Performing Arts Center, Hyannis, on June 20, 2008 at 7 pm and June 21, 2008 at 7 pm. Susan Friedman appeared for her application. She is the Director and this is the 9th year. There are still 4-6 free tickets to each family with a participant and $15 at the door, which is different from what she had written on her application. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Susan M. Friedman on behalf of Dance Designs, 11 Enterprise Road, Hyannis for two One Day Entertainment

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Licenses for a student dance recital to be held at the Barnstable High School Performing Arts Center, Hyannis, on June 20, 2008 at 7 pm and June 21, 2008 at 7 pm. Three One Day Beer & Wine Licenses: Application of Louis G. Cataldo on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit for three One Day Beer & Wine Licensed for a concert on May 10, 2008 from 8 pm to 11 and a Chamber of Commerce Member to Member Networking Event on May 13, 2008 from 5 pm to 7 pm and for the Pan Mass Bike Challenge, to be held on May 22, 2008 from 5 pm to 9 pm. Mr. Cataldo appeared for the application as well as another one (late filed). TIPS will serve the liquor. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Louis G. Cataldo on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit for three One Day Beer & Wine Licenses for a concert on May 10, 2008 from 8 pm to 11 and a Chamber of Commerce Member to Member Networking Event on May 13, 2008 from 5 pm to 7 pm and for the Pan Mass Bike Challenge, to be held on May 22, 2008 from 5 pm to 9 pm. Sunday Entertainment License and One Day Beer & Wine License: Application of Cathrine Macort on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis, for a Sunday Entertainment License and One Day Beer & Wine License for the 7th Annual Cape Cod Maritime Festival to be held at the Museum in a tent, 135 South Street, and Aselton Park, Hyannis on Sunday, May 18, 2008 from 11 am to 4 pm. Cathrine Macort appeared on behalf of her application. This is the same type of event held last year. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cathrine Macort on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis, for a Sunday Entertainment License and One Day Beer & Wine License for the 7th Annual Cape Cod Maritime Festival to be held at the Museum in a tent, 135 South Street, and Aselton Park, Hyannis on Sunday, May 18, 2008 from 11 am to 4 pm. One Day Entertainment License: Application of Kerry P. Aylmer of Stem to Stern Sales, 92 Barnacle Road, Yarmouthport, MA, for a One Day Entertainment License for a choreographed oldies show with a live band and dancing to be held at the V.F.W. Hall, Iyannough Road, Hyannis on May 24, 2008 from 7 pm to 11 pm. Robert M. Lavery appeared on behalf of this application. He is the partner of Mr. Aylmer. It has been done twice with Freddie & The Maybellines. It goes out to about 75 people. Admission is $12/person. Officer Maher stated there were no problems last time.

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Kerry P. Aylmer of Stem to Stern Sales, 92 Barnacle Road, Yarmouthport, MA, for a One Day Entertainment License for a choreographed oldies show with a live band and dancing to be held at the V.F.W. Hall, Iyannough Road, Hyannis on May 24, 2008 from 7 pm to 11 pm. Hearings: New Common Victualler License: Application of Teerapong Sathapornchaisit, d/b/a Bangkok Kitchen, 339 Barnstable Road, Hyannis, MA for a New Common Victualler License, Sunit Sathapornchaisit, Manager, hours of operation to be 11:00 am to 10:00 pm. Both principals appeared on behalf of this application. Sunit came forward for her application. It is the existing restaurant. They will retain the same d/b/a. She has worked there almost 2 years and will now be taking over. Mr. Burman complimented the Chairman on pronunciation of the names. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Teerapong Sathapornchaisit, d/b/a Bangkok Kitchen, 339 Barnstable Road, Hyannis, MA for a New Common Victualler License, Sunit Sathapornchaisit, Manager, hours of operation to be 11:00 am to 10:00 pm. New Class II Auto Dealer License: Application of Brito’s Auto Body & Sales, Inc., d/b/a Brito’s , 657 Yarmouth Road, Hyannis, Manuel J. Brito, Manager, for a Class II Auto Dealer License, the hours of operation to be 8:30 am to 6 pm. Manuel Brito appeared for his application. He stated he has to apply for a new license although he had a license for many years as he did not renew it for the past couple years. Times were tough. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Brito’s Auto Body & Sales, Inc., d/b/a Brito’s, 657 Yarmouth Road, Hyannis, Manuel J. Brito, Manager, for a Class II Auto Dealer License, the hours of operation to be 8:30 am to 6 pm Monday through Saturday, with the number of vehicles to be determined by the Building Commissioner. New Annual All Alcohol Common Victualler License: Application of Colombo’s Café & Pastries, Inc., 544 Main Street, Hyannis, Martin P. Sadlemire, Manager, for a New Annual All Alcohol Common Victualler License, the hours of operation to be 11:00 am to 1:00 am. Proposed indoor seating for 108 plus an exterior patio seating 54. Attorney Steven Pizzuti appeared with Mr. Colombo, Mr. Sadelmire and Mr. Pane for this application. 26 years ago Mr. Colombo founded the Roadhouse Café, evolving over the years to be one of the best in the area. Mr. Colombo also started the Naked

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Oyster. Mr. Sadelmire was the restaurant manager at Wequasset Inn and before that in Orlando. Attorney Pizzuit said that Mr. Colombo wants to being a bit of the North End flavor to Hyannis. He wants to bring this new ambience. The patio will be enclosed by vegetation & open only at the front with a hostess standing there. He hopes the baked goods will be welcomed by the people strolling down Main Street. Every single person except the cooks will be TIPS trained. The ratio of alcohol to food is very small and he stressed that it will not be a bar but a restaurant. Their focus is on the food – entertainment is not requested at this time. They may look at that possibly in the future. If all the stars line up they are looking at June 13th to open. Attorney Pizzuti stated that Mr. Colombo is very tenacious. He opened the Roadhouse on Friday the 13th and June 13th is also a Friday – which is why they are shooting for that date. Mr. Hoxie asked him to compare this venture to the Roadhouse – the Roadhouse is fine dining, table cloths etc. This will be like a bistro. There is an eleven seat bar Mr. Hoxie stated – Mr. Pizzuti mentioned that some people enjoy eating at a bar if perhaps they are alone, stating he likes it himself. Mr. Hoxie asked if maybe they’d enjoy some music in the background. Attorney Pizzuti would accept a one person acoustic if Mr. Hoxie could add it. Attorney Pizzuti then said in going over the plans, they realized there is more square footage now – they are now asking for 108 occupancy plus a staff of 11 contingent on the Building Commissioner accepting the number. Mr. Sullivan suggested the capacity be determined by the Building Commissioner to include the staff in that number. Gene Burman had a question on the outside seating – as it is a large number of seats. He asked what the minimum would be they would accept outside. Lt. Jason asked them to describe the design of the patio – Mr. Colombo stated it is 79 x 13 feet. To the north there is a 3 ½ foot wrought iron fence with gate required by the Fire Dept. for egress in emergency. East is evergreen landscaping – impossible to go through. Between the parking lot and the landscaping is a sidewalk. A 6’ section of fence will be on Main Street with a hostess standing there. There will be 3 servers, the hostess and a bus person. The hostess will be very vigilant. They want to make sure everyone keeps the alcohol in the patio area and pays before leaving. Lt. Jason asked how long they want to be open serving – Mr. Colombo stated midnight or even 1 am. Lt. Jason recognized that he has run a very competitive and nice operation on South Street – she wanted to make sure he understands what goes on in the area of the new restaurant from 12:30 – 1 am. Mr. Colombo states he knows what they are in for. Mr. Burman asked about the parking lot entrance – it will function as in and out but there is quite a buffer between the lot and their restaurant. Mr. Sullivan wanted to confirm alcohol service to 1 am. Cynthia Cole came forward from Hyannis Main Street Business Improvement District; speaking in favor of this “fabulous project.” She stated that everyone is very excited about this renovation at 544 Main and Mr. Colombo will do an excellent job. She stated nothing gets by Mr. Colombo – he is very vigilant and could deal with any issue which could be problematic. Mr. Hoxie confirmed that the Manager is very well qualified by his background and experience.

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Colombo’s Café & Pastries, Inc., 544 Main Street, Hyannis, Martin P. Sadlemire, Manager, for a New Annual All Alcohol Common Victualler License, the hours of operation to be 11:00 am to 1:00 am. Proposed indoor seating for 108 plus an exterior patio seating 54. Attorney Pizzuti addressed the Board stating that they are very lucky to have Chris, who was again a pleasure to work with. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: Harborside Seafood McGee’s Ice Cream A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Junk Dealer renewals as submitted below: Junk Dealers: Cape Cod Precious Gems & Coins Trade Secret Antiques Cotuit Mercantile J. Craig Medeiros Cape Cod Jewelers West Barnstable Trading Company Play It Again Sports A second motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to continue the request to renew the Junk Dealer License of Mid Cape Metal Recycling to the 5/19/08 hearing at the request of the applicant’s attorney. Mr. Burman asked Mr. Longo from the Melody Tent to come forward to speak about the tent’s Daily Live and Sunday Entertainment Licenses; Mr. Longo stated they have made many improvements to contain the sound – it has been worked on since two years ago. Mr. Burman stated it is a great asset to the community but thinks the Tent has a responsibility to the residents to allow them quiet enjoyment of their homes. Mr. Longo said they have been working with this firmly in mind. He remains available to the study

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and process of containment. He also advised that they have eliminated the few bands which got them “in trouble.” A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment License and Sunday license as submitted below: Daily Live Entertainment: Cape Cod Melody Tent Sunday Entertainment: Cape Cod Melody Tent Other Business: Attorney Robert Clark is substituting for Attorney Gildea who could not be present today representing Raw Bar on Ocean Street. This item was added to the agenda to read into record the expanded description of the premises and separate votes for alcohol license and entertainment (from hearing 4/14/08). Tom Geiler stated we just need to clarify the description for the license and to separate the motions of the liquor license and entertainment license. A Motion was duly made by Paul Sullivan seconded by Gene Burman and a unanimous vote taken to approve the application of Lobster Girl, Lobster Boy, Inc., d/b/a Raw Bar on Ocean Street, 230 Ocean Street, Hyannis, Elizabeth Westwater, Manager, for a New All Alcohol Common Victualler License. Another motion was duly made by Paul Sullivan, seconded by Martin Hoxie, for Daily Live, Non-Live and Sunday Entertainment as approved on April 14, 2008, from 5 pm to 9 pm inclusive and inside only on the first floor with a maximum of 3 entertainers. Mr. Sullivan and Mr. Hoxie voted yes and Mr. Burman voted no. Motion passed. Tom Geiler stated the new description was worked out with Attorney Gildea with new plans he submitted to clarify it at our request. Paul Sullivan read the description into record as follows: Two story wood frame structure located at 230 Ocean Street, Hyannis, MA consisting of two separate units. Premises exist in the west section (titled Unit B). Unit B consists of a first floor with kitchen/storage area of approximately 200 sq. ft., dining area of approximately 200 sq. ft. with seating for 16; Bar area of approximately 300 sq. ft. with seating for 5; outdoor terrace area of approximately 130 sq. ft. with seating for 12; a second floor with an equipment/storage area of approximately 150 sq. ft.; a kitchen/prep area and bar seating of approximately 300 sq. ft. with seating for 4 and an outdoor roof deck area of approximately 300 sq. ft. with seating for 22. Main entrance on the north side with exit/entrances also on the west and

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south sides. Small basement area for storage. Rest rooms in common area on first floor. Concerned citizen complaint about gambling at the Hyannis Elks. Mr. Hoxie mentioned that a letter was received which was directed to Detective Murphy at the Barnstable Police department and copied to Licensing. Steve Lebel, Bar Manager and Trustee at Hyannis Elks came forward stating he has had no direct complaints. He stated a detective came in a year ago to investigate. They do not gamble there; they do not know where this is coming from. Mr. Lebel read the letter sent to Detective Murphy, BPD. Mr. Lebel stated they do have video machines – there is no cash prize, only “points.” Mr. Hoxie stated for the record that now Mr. Lebel is aware of the complaint, and thanked him for coming tot eh Authority. A motion was duly made by Gene Burman at 10:30 a.m. and seconded by Paul Sullivan to move into Executive Session and not to return to the regular agenda. Christine Ade took a roll call vote asking Martin Hoxie, Gene Burman and Paul Sullivan how they voted and it was a unanimous vote to move into Executive Session. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



May 19, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, May 10, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Patrolman Steve Maher, Liaison Officer from the Barnstable Police Department, and Christine Ade, Recording Secretary. Lt. JoEllen Jason was absent. Requests: One Day and Sunday Entertainment Licenses: Application of Linda Mawhinney on behalf of Cape Cod Symphony Orchestra, 712A Main Street, Yarmouth Port, for 9 Daily One Day Entertainment Licenses and 9 Sunday Entertainment Licenses for concerts to be held at the Barnstable High School Performing Arts Center, 744 West Main Street, Hyannis on the following dates: Friday Saturdays Sundays December 5, 2008 - 8 pm Sept. 27, 2008 - 8 pm Sept. 7, 2008 - 6 pm Oct. 11, 2008 - 8 pm Sept. 28, 2008 - 3 pm Nov. 1, 2008 - 8 pm Oct. 12, 2008 - 3 pm Dec. 6, 2008 - 3 pm & 8 pm Nov. 2, 2008 - 3 pm Jan. 24, 2009 - 8 pm Dec. 7, 2008 - 3 pm Feb. 14, 2009 - 8 pm Jan. 25, 2009 - 3 pm April 4, 2008 - 8 pm Feb. 15, 2009 - 3 pm May 2, 2009 - 8 pm April 5, 2009 - 3 pm May 3, 2009 - 3 pm Linda Mawhinney appeared for the application. This is the same license requested each year for the season. Paul Sullivan asked about the admission – it ranges from $23 to $58. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Linda Mawhinney on behalf of Cape




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Cod Symphony Orchestra, 712A Main Street, Yarmouth Port, for 9 Daily One Day Entertainment Licenses and 9 Sunday Entertainment Licenses for concerts to be held at the Barnstable High School Performing Arts Center, 744 West Main Street, Hyannis on the following dates: Friday Saturdays Sundays December 5, 2008 - 8 pm Sept. 27, 2008 - 8 pm Sept. 7, 2008 - 6 pm Oct. 11, 2008 - 8 pm Sept. 28, 2008 - 3 pm Nov. 1, 2008 - 8 pm Oct. 12, 2008 - 3 pm Dec. 6, 2008 - 3 pm & 8 pm Nov. 2, 2008 - 3 pm Jan. 24, 2009 - 8 pm Dec. 7, 2008 - 3 pm Feb. 14, 2009 - 8 pm Jan. 25, 2009 - 3 pm April 4, 2008 - 8 pm Feb. 15, 2009 - 3 pm May 2, 2009 - 8 pm April 5, 2009 - 3 pm May 3, 2009 - 3 pm One Day All Alcohol, One day Beer & Wine & Sunday Entertainment Licenses: Application of Osterville Village Library, 43 Wianno Avenue, Osterville for a One Day All Alcohol License for an auction and preview party to be held on June 27, 2008 from 4 pm to 10 pm in a tent on the library lawn and a One Day Beer & Wine License and Sunday Entertainment License for a clambake with entertainment on June 29, 2008 from 4 pm to 10 pm, also on the library lawn. Gail Nightingale appeared for her application as President of the Board. The event is on the lawn. The Sunday entertainment is a one piece steel drum. Mr. Burman stated that they have been advised that all of the liquor must be purchased from a wholesaler. He cautioned Mrs. Nightingale about that. Mr. Hoxie asked if we have been collecting a fee for the libraries; Christine Ade stated we have not – we have been waiving same. It was agreed to waive the Town fee. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Osterville Village Library, 43 Wianno Avenue, Osterville for a One Day All Alcohol License for an auction and preview party to be held on June 27, 2008 from 4 pm to 10 pm in a tent on the library lawn and a One Day Beer & Wine License and Sunday Entertainment License for a clambake with entertainment on June 29, 2008 from 4 pm to 10 pm, also on the library lawn and to waive the Town fees. Temporary Alteration of Premises (1 Day) to parking lot and lawn for food and alcohol service and Entertainment License – One Day: Application of Harry’s, 350 Stevens Street, Hyannis, for Extension of its All Alcohol Common Victualler License and Entertainment License to include a fenced in area in their parking lot and lawn at the corner of Main and Stevens Streets, to be held on May 25, 2008 from 1 pm to 6 pm for a Community Day to benefit the Duffy Health Center.

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Elyse DeGroot from the Duffy Center and Fred Durham appeared for this application – it is like the Chili Challenge they have without the chili. All alcohol is to be served by their bartenders – TIPS certified. Food will be cooked inside and brought outside. There will be temporary fencing put up. The benefits go to Duffy Health Center. Mr. Sullivan asked who started this – it was Mrs. Durham and a person at Duffy’s. He then commended their efforts as being very worthwhile, stating it is nice to see the business community help out. Mr. Burman expressed concern about the parking. Fred stated the parking lot at the bottom of the hill is virtually empty on Sundays and they have permission to use it. He went on to say that lots of good bands will be there. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Harry’s, 350 Stevens Street, Hyannis, for Extension of its All Alcohol Common Victualler License and Entertainment License to include a fenced in area in their parking lot and lawn at the corner of Main and Stevens Streets, for a community day to be held on May 25, 2008 from 1 pm to 6 pm for a Community Day to benefit the Duffy Health Center. One Day Wine Only License and One Day Entertainment License: Application of A. Patricia Cronin on behalf of Cotuit Library Assn., 144 Pinquickset Cove Road, Cotuit for a One Day Wine Only License and a One Day Entertainment License for an event at which wine will be offered with singers and piano music, to be held on June 20, 2008 from 5 pm to 9 pm. Mrs. Cronin appeared for the application. She also requested waiver of our fees. The event was also held last year – Tedi Marsh will perform. Andy’s Market contributes the wine and serves it. The location is at a private home. It was very successful last year. Funds benefit the library. Mr. Burman offered a word of caution – stating that we have been advised that the alcohol must be purchased from a licensed wholesaler. Mr. Hoxie also asked the Board to waive the fee on this application (all libraries) and it was agreed to do so. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of A. Patricia Cronin on behalf of Cotuit Library Assn., 144 Pinquickset Cove Road, Cotuit for a One Day Wine Only License and a One Day Entertainment License for an event at which wine will be offered with singers and piano music, to be held on June 20, 2008 from 5 pm to 9 pm with Town fees to be waived. One Day All Alcohol License: Application of Kathy Pina on behalf of St. Anthony’s Charity Club of Osterville, 308 Osterville West Barnstable Road, Osterville for its annual Feast Day of St. Anthony of Padua, to be held on June 14, 2008 from noon to 6 pm, Hyannis, for a One Day All Alcohol License on their grounds at 515 Old Mill Road, Osterville. Kathy Pina came forward for her application for the feast which has taken place since 1932 (used to be at a different location).

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Kathy Pina on behalf of St. Anthony’s Charity Club of Osterville, 308 Osterville West Barnstable Road, Osterville for its annual Feast Day of St. Anthony of Padua, to be held on June 14, 2008 from noon to 6 pm, Hyannis, for a One Day All Alcohol License on their grounds at 515 Old Mill Road, Osterville. Hearings: Alteration of Premises: Application of O.D.A.A.T. Corporation, d/b/a The Original Gourmet Brunch, 517 Main Street, Hyannis, John E. Cotellessa, Manager, to alter the premises as fol lows: Include in the existing description as the last sentence, “A patio adjacent to the front of the building with six tables of four, increasing the total seating at the restaurant to 94.” Continued at the applicant’s request from 4/14/08. John Cotellessa appeared for his application. Mr. Cotellessa will be putting in a patio – and the walkway will be finished to the sidewalk. There will be 5 tables and if the birch tree doesn’t survive, 6 tables. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of O.D.A.A.T. Corporation, d/b/a The Original Gourmet Brunch, 517 Main Street, Hyannis, John E. Cotellessa, Manager, to alter the premises as fol lows: Include in the existing description as the last sentence, “A patio adjacent to the front of the building with six tables of four, increasing the total seating at the restaurant to 94.” New Common Victualler License: Application of Alcimir S. Lopes, d/b/a Trem de Minas Restaurant, 459 Main Street, Hyannis, MA for a New Common Victualler License, Odorico DeLazari, Manager, hours of operation to be 6 am to 11 pm. Mr. Lopes appeared for his application. He has had businesses just for the summer (beach concessions – Veteran’s Beach and Sandy Neck Beach) for many years and would like a year-round restaurant. The location used to be a small restaurant. It is next to Embargo on the left and in the back – there is a store in front. They have their food service permit. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Alcimir S. Lopes, d/b/a Trem de Minas Restaurant, 459 Main Street, Hyannis, MA for a New Common Victualler License, Odorico DeLazari, Manager, hours of operation to be 6 am to 11 pm. New Annual Lodging House License: Application of MCM Development Company, LLC for a New Lodging House License for 34 Yarmouth Road, Hyannis, MA, Kate Mitchell & Neil Cinelli, Managers.

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Attorney Kate Mitchell came forward for her application – it is an existing licensed lodging house, currently owned by Ron Bourgeois. Closing is this Wednesday. They would like to continue the 8 room lodging house with no changes other than ownership. She stated that Mr. Bourgeois has done a lot of work on the building this past year. There is a new driveway and it has all been repainted. Number one on the list is insulation for the future. She and her partner, Neil Cinelli will be managing this. Neil works for the National Park Service, Kate is an attorney. Cynthia Cole came forward to oppose the application; she asked to speak, having public comment. She asked us to go back in the records – she stated the allowed use is wrong; She also wanted to report 190 police calls to this location within a year and a half. She stated it is not safe. She stated that Mr. Bourgeois will not return her phone calls. There has been another place he runs on Main Street which has also been a problem. Mr. Hoxie asked Attorney Mitchell about this comment. Kate Mitchell stated she will be a hands on Manager with Mr. Cinelli. She stated this location has had a lodging house license since the 80’s – continuously. The Building Department has something in the file confirming that it very much conforms to the intended use. She was not familiar with the 190 police calls and will absolutely look into it. She stated that Mr. Bourgeois has owned it for just over a year. She stated some of the tenants have been there for years – several are new; Mr. Bourgeois did get rid of a few who were not so desirable. She stated she will be happy to reply to any complaints. She maintains it is an approved non-conforming use. Mr. Boy asked about transfer of the license; she stated she is applying for a NEW license. Mr. Geiler reiterated that the Building Commissioner has signed off on this application. There is no need for them to appear before the Board of Appeals. Allen Goddard appeared as well; he thinks neighbors should be alert to these applications. Mr. Hoxie stated the Building Department has signed the Zoning Approval Form in the file. Cynthia Cole asked the date of sign-off by the Building Dept. – it was 4/22/08. She asked Ms. Mitchell if she will be living there; Ms. Mitchell stated that she resides in West Barnstable – 10 minutes away but that one or the other of the managers will be there at least 3 times a week. Officer Steve Maher will check into the police complaints. Cynthia then stated ever since Mr. Bourgeois took over she believes his Main Street property has gone downhill. She respectfully requested the Board at the very least continue this application for further clarification. Ms. Mitchell stated Mr. Bourgeois had put up a fence to keep it separate from #28 (nextdoor), which Christine Ade stated she had witnessed personally have probably 95% of the police calls from working in the building which side windows are facing those properties. Ms. Cole again came to the podium and stated there is no reason why the P&S cannot be continued until these problems can be explored. She asked the Board to talk with Town Attorney and get some opinions about the non-conforming use for this property. Mr. Geiler stated again that there is NO zoning issue. Cynthia stated she will look into an appeal on this application, as we are trying to clean up the community. Mr. Sullivan stated that he is hearing that the problems are with the current owner – not with this new owner. Mr. Sullivan is in favor of these new owners for the lodging house. Cynthia stated that

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the Growth Incentive Zone changed the zoning 2 years ago. However, the Board stated the license is active and valid. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of MCM Development Company, LLC for a New Lodging House License for 34 Yarmouth Road, Hyannis, MA, Kate Mitchell & Neil Cinelli, Managers. New Common Victualler License: Application of Nirvana Coffee Co., Inc. d/b/a Nirvana Coffee Company, 3206 Main Street, Barnstable, David Lancaster, Manager, hours of operation to be 6 am to 4:30 pm. David Lancaster came forward for his application for a coffee house type restaurant which used to be an ice cream shop. He plans to open in about 3 weeks. Mr. Burman asked about parking. He stated he has adequate parking for his staff. Attorney Paul Tardif came forward representing an abutter – the Ferrera’s. They are opposed to the application – based on the menu that was submitted and definition of a “restaurant” under MGL ch 56, a restaurant in this zone needs Zoning Board of Appeals approval He also stated it has insufficient parking for the staff and/or public. There has been an ongoing problem with the Barnstable General Store lot being used for this other building; those spaces are assigned for tenants of that area – not abutters and their customers. Attorney Tardif stated he is awaiting a response from Tom Perry, Building Commissioner, who is returning to the office today. He will pursue this with an appeal if it is in fact approved by the Licensing Board today. He stated there is a minimum of 11 spaces needed on site – the ordinance states the parking must be in the same district as the building, which the main courthouse complex is not, should he plan to utilize this parking area. There is not much parking there as it is – it is a serious problem trying to get a parking place. Mr. Ferrara stated he was contacted by Mr. Lancaster requesting to purchase parking spaces from him; he did not agree to that request. He then thought that those spaces were needed to open the restaurant. Mr. Hoxie asked again what the main concern is – and Attorney Tardif stated it is conditioned on special permit from the Zoning Board of Appeals but the bigger issue is the parking issue – they need the parking they have (Ferrara property) and do not want the restaurant owner’s customers to park there. The bank formerly at the property also caused a parking problem but not so much as a restaurant would bring. Mr. Lancaster stated he is a coffee house – food is ancillary. The “seats” are chairs – not tables where people are waited on. There is no service – the items are “to go” – no porcelain, all to go. Mr. Geiler stated the application is for a restaurant license; in his opinion the customers are invited to sit down and enjoy their purchases. Absent that it would be a retail food establishment. He also stated that the Building Commissioner has signed the application.

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Attorney Tardif submitted a copy of an ordinance that states what a “restaurant” is considered to be. Mr. Geiler stated that it is a Dept. of Revenue document for tax purposes; it does not govern our license. However, it does include take out. Mr. Lancaster stated he has spent about $100,000 renovating this building. He has had many people stop in and state that they cannot wait for him to open. He stated he has never NOT been able to park right across from his restaurant. He does not want a restaurant – just a takeout place. He wants the walk around traffic from the village and court complex. Mr. Sullivan stated he would like to clarify this somewhat with Building and Zoning prior to granting a license. Mr. Lancaster said he will post signs for his customers not to park in the other lot or they will be towed. Mr. Geiler stated again that the application is signed off by the Building Commissioner’s office. Mr. Hoxie stated the problem has arisen at this hearing that it possibly requires ZBA approval. If that is the case, he would have to go to ZBA. Mr. Hoxie asked to continue the hearing to see if the application requires ZBA action and also determine what his alternative is for a retail food permit only. Attorney Tardif stated there are others here who would like to testify. Mr. Hoxie stated we first have to determine if it needs ZBA action and to advise the applicant what his alternatives are at that point. Mr. Hoxie asked Mr. Geiler if we can get that determination quickly. Mr. Hoxie stated we can do this in a relatively short period of time. The Building Department could then notify the applicant IF a special permit is needed. This hearing will be continued to 6/23/08 and Attorney Tardif asked for notice of what is decided. Mr. Geiler stated he did not know the timetables for appeal. He stated that the Zoning form was signed on 4/22. Mr. Burman asked for the other people to be heard who have appeared today so they need not appear at the next hearing as well. Nancy Smith, Owner of the Dolphin, came forward with the parking issue as well. She wanted it on record that parking is already a problem. Bob Medeiros, owner of the Barnstable General Store, said he is right next door. The problem would not go away changing to a retail food license – he would still have to have at least 5 parking spots and it would be a hardship for them. Dick Schiffman, a tenant on Main Street (real estate) also came forward with the thought that parking is atrocious there. It is almost an accident waiting to happen. It is too congested as is. Susan Feingold, Barnstable Restaurant and Tavern, also came forward. They have a lot of delivery trucks as a restaurant – where will the deliveries park for this establishment? Where will dumpsters go for trash? The cars also - it does not seem like there is enough space. Lynn Medeiros, co-owner of the Barnstable General Store stated the aggressive buildout has been done before a lot of approvals came in – the Board of Health just came into her store and asked what is going on next door? She stated it is because SPR was not conducted on this property. Even retail will have impact the community – the location is the problem. It will negatively impact both abutters and the extended neighborhood. She stated we are probably surprised by

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how many people are here today about this application. They would have come forward before this had they had a venue (like SPR). Mr. Lancaster again came forward – stating the building has been an ice cream shop, a restaurant. It has been a retail shop and a bank with an ATM machine. It has been all of these things – he believes the perceived threat of competition is what is driving these complaints in reality. He has applied with us, and gone about this the right way. Mr. Hoxie continued the hearing to 6/23/08. Modification of Seasonal All Alcohol Common Victualler License to include outside service from 11:00 am to 11:30 pm: Application of RCSJ Group, Inc., d/b/a Fresh Ketch, 462 Main Street, Hyannis, Raymond C. Roy, Manager, to modify the outside service of alcohol hours from 11:00 am to 11:30 pm. Raymond Roy came forward for this request. He recently told the Board he would only serve outside alcohol until 10:30; Mr. Geiler stated he had to go through the hearing process to make this change to 11:30 legal. Mr. Roy stated his reasoning is that they serve dinner until 11 pm outside and will continue to do so. The 11:30 alcohol service outside would help them. All the other restaurants on Main Street can serve to 1 am. They DO serve alcohol outside until 12:30 or so. Mr. Burman asked Officer Maher if this was a problem. He stated it is not – but the outside parking lot needs a little oversight. Mr. Roy stated they have their own parking there. They have posted signs but a lot of people are parking there who shouldn’t be. They are having to tow these people and pay a parking lot attendant. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of RCSJ Group, Inc., d/b/a Fresh Ketch, 462 Main Street, Hyannis, Raymond C. Roy, Manager, to modify the outside service of alcohol hours from 11:00 am to 11:30 pm. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm Attorney James Connors appeared at the hearing with a “business plan” which was requested by the Board some time ago. He passed it out to the Board. He stated they have conducted business at 30D, 53 and 31 Thornton Drive. The other two locations are not in his possession at present. There is confusion about what Mr. Ferreira is really doing with these two businesses. The Board asked if the Superior Court action was still pending. Attorney Connors stated the suspension appeal is still pending. They no longer have a license on that property but felt the suspension would carry onto the new property. He stated he would withdraw the appeal at Superior Court if we dismissed the suspension.

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He represented that Mr. Ferreira is now operating out of 31 – not 30D, but has permission from Landlord to use 30D if this application is not approved. He would give up 30D if we approve this. Officer Maher asked about the containers next to the property…to the right of the driveway - is that Ferreira’s property? Is the fenced in area on his property? Looking at 31 along the side where the asphalt starts is a flatbed and truck. Mr. Ferreira stated his property goes to the aviation pole only and he will have nothing past it. Officer Maher asked about confrontations with owners on the street. Attorney Connors represented that the problem will no longer occur. Paul Sullivan asked which property had the apartment – Attorney Connors stated the Board determined there was no apartment, but it was at 30D. Officer Maher also stated allegations have been made that business starts prior to 7 am at Mr. Ferreira’s locations – Mr Ferreira stated he DOES start with Mid Cape Metal and Ferreira’s early but thought it was o.k. as this is an industrial zone. Officer Maher stated operations are starting at 6 am and this is too early. Mr. Hoxie asked if Ferreira’s is there also. Attorney Connors stated both businesses are at 31. Mr. Hoxie stated we need to look at the business plan more thoroughly. Attorney Connors stated they will abide by any Town regulations. Officer Maher again stated there are complaints about startup time (application says 7) and he starts at 6, and that there are other complaints on the machinery and trucks parked on the street. Ferreira’s has the permits for 31. Mr. Hoxie asked for public comment. Cornelius Trowbridge came forward with pictures for the Board of the Ferreira equipment and trucks parked outside of Ferreira property. He wondered if the property owner is aware of what is going on at this location. He does not believe #31 has enough room on for his businesses. Mr. Trowbridge stated that Mr. Ferreira uses 3 locations OTHER than his own location. He thinks the road itself would be clearer if marked wit a center line – then it would be easier to see how much space the trucks are taking up on the road.. He wondered aloud why Town rules and regulations are not enforced. He stated that more congestion on this road is definitely not needed. Joshua McCarthy came forward – he works for Mr. Ferreira. He stated any material they bring in is put immediately in a container on the property – it is packaged, boxed, or shipped out. It is not a junkyard. Attorney Connors stated this is not a salvage yard for automobiles. Mr. Hoxie asked how it would affect his business if he did not have the Junk Dealer License at the property. Attorney Connors stated that Ch 140 Section 56 lets him go from his location to someone’s home to pick up and return it to his property to process. Mr. Geiler made a comment that a Junk Dealer’s License is Section 54,not 56. This is not for a “collector” permit – it is a license to buy or sell second hand articles. It was mentioned that the business plan shows a repair facility, trash hauling business, septic repair business; recycling metal business; where are all the vehicles going to go? There are still a lot of unanswered questions. Certainly the garage is not large enough for all of that. He suggests it be continued so they can provide us a plan showing where equipment, vehicles are to be located & where customers go. He stated that they can’t

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just overflow onto the street or neighboring properties. Mr. Geiler then stated that there IS a section 56 but that does NOT say that a Junk Dealer’s license authorizes what is contained therein. Mr. Hoxie asked how you get a license to collect things. Mr. Geiler stated it would be a hawker and peddler license, which would cover buying and selling from place to place – not our Junk Dealer License. Attorney Connors stated the process is two-fold. Mr. Hoxie did not know if the business plan covers all these operations. Mr. Ferreira stated his businesses all have to do with recycling. Officer Maher stated that the photos just handed to us show the vehicles labeled Ferreira’s all over Thornton Drive. Attorney Connors asked to see the photos. The vehicles Mr. Ferreira stated are parked by “Allen’s” (a friend of his property) – and he said he has permission to park there for short periods. Mr. Geiler asked if they have any plans to show where things will be located – not an engineered plan…what will be outside, where will customers park, where will employees park, etc. Attorney Connors stated they will be happy to supply an informal plan. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this hearing to 6/23/08, along with the renewal hearing for 30D Thornton Drive. He stated we should have had the business plan much earlier so it could be considered along with the application. Now he requests a new plan of where equipment will be parked; what types of businesses will be conducted where on the property. Once we have that plan we will communicate with Attorney Connors if anything further is needed. Alteration of Premises: Application of C&C Foods, Inc., d/b/a Regatta of Cotuit, 4631 Falmouth Road, Cotuit, Weldon Fizell, Manager, for an Alteration of Premises to add an outside patio with 5 tables and 20 seats on the west side of the building. Mr. Fizell came forward for his request. The new patio will be on the west side of the building where the sun sets. It will be seasonal for the summertime. He will think about lunches if it goes well. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the Application of C&C Foods, Inc., d/b/a Regatta of Cotuit, 4631 Falmouth Road, Cotuit, Weldon Fizell, Manager, for an Alteration of Premises to add an outside patio with 5 tables and 20 seats on the west side of the building. Alteration of Premises and Modification to Daily Live, Non-Live and Sunday Entertainment Licenses to 12:45 am from 12:30 am. Application of Hyannis Property, LLC d/b/a British Beer Company, d/b/a 412 Main Street, Hyannis, Jacquelyn McCarthy, Manager, for an alteration of premises to increase occupancy after 10:00 p.m. from a total of 185 to a total of 287 and to modify the Daily Live, Non-Live and Sunday entertainment licenses to 12:45 a.m. from 12:30 a.m.

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Attorney Lawler requested a continuance to 6/23/08. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of by Hyannis Property, LLC d/b/a British Beer Company, d/b/a 412 Main Street, Hyannis, Jacquelyn McCarthy, Manager, for an alteration of premises to increase occupancy after 10:00 p.m. from a total of 185 to a total of 287 and to modify the Daily Live, Non-Live and Sunday entertainment licenses to 12:45 a.m. from 12:30 a.m. Modification to Daily Live, Non-Live and Sunday Entertainment Licenses to 12:45 am from 12:30 am: Application has been made by Pufferbellies, Inc., d/b/a Pufferbellies, 183 Rear Iyannough Road, Hyannis, Jean Aroustamian, Manager, for Modification to its Daily Live, Non-Live and Sunday Entertainment Licenses, to 12:45 am from 12:30 am. Attorney Lawler came forward for Pufferbellies request. This came about because on 1/1/09 all the entertainment licenses will be standardized to cease at 12:45 am. He requests this one be extended until 12:45 am for the summer season. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Pufferbellies, Inc., d/b/a Pufferbellies, 183 Rear Iyannough Road, Hyannis, Jean Aroustamian, Manager, for Modification to its Daily Live, Non-Live and Sunday Entertainment Licenses, to 12:45 am from 12:30 am. New Class II Auto Dealer’s License: Application of Argus Auto Sales & Repair, Inc., d/b/a Argus Auto Sales, Roberto Gustavo Rios, Manager, 119 Thornton Drive Road, Hyannis, Roberto Gustavo Rios, Manager, for a Class II Auto Dealer License, the hours of operation to be 8:30 am to 5 pm. Mr. Rios came forward for his application. He said he has owned the business since 2004. He wants to change the name (it is a corporation now – with a new partner) and he wants more display vehicles. The Building Inspector approved 12 TOTAL vehicles. Mr. Geiler stated the cars for sale need to be on THIS property, as Mr. Rios stated his friend on an adjoining property lets him keep some cars there. . Mr. Rios also brought to the hearing his resume and application for his new surety bond. Mr. Burman reiterated that the total vehicles on the lot are 12. Mr. Geiler stated that to add more vehicles (with Landlord next door) we will need a lease for that. Employee, customer or repair vehicles can go next door but NOT vehicles for sale as they must be on the licensed premises.. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Argus Auto Sales & Repair, Inc., d/b/a Argus Auto Sales, Roberto Gustavo Rios, Manager, 119 Thornton Drive Road,

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Hyannis, Roberto Gustavo Rios, Manager, for a Class II Auto Dealer License, the hours of operation to be 8:30 am to 5 pm with a total of 12 vehicles on the property. New Class II Auto Dealer’s License: Application of Big Bad One Inc., d/b/a Ziggy’s Auto Sales, David Crowell, Manager, 832 Bearses Way, Hyannis, for a Class II Auto Dealer License, the hours of operation to be 9 am to 6 pm M-F, 10 am – 4 pm Sat. William Baron and David Crowell came forward for the application. They currently have an auto repair business which has operated since 1972. William bought it in 2002. They have been approved for 17 total vehicles. Mr. Burman asked if ever there were auto sales there? Mr. Baron said no. Mr. Geiler asked if it would be a traditional auto sales lot; they stated it is. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the Application of Big Bad One Inc., d/b/a Ziggy’s Auto Sales, David Crowell, Manager, 832 Bearses Way, Hyannis, for a Class II Auto Dealer License, the hours of operation to be 9 am to 6 pm M-F, 10 am – 4 pm Sat. with a total of 17 vehicles. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: Keyes/Sea Street Beach A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Junk Dealer License renewal as submitted below: Junk Dealers: Spinnaker Records The junk dealer renewal for Mid Cape Metal Recycling – 30D Thornton Drive was continued to 6/23/08: Other Business: Vote to release Executive Session Minutes from 4/2/07 with regard to Kendrick’s to the public. Case no longer pending with the ABCC.

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the release of the Executive Session Minutes from 4/2/087. ABCC Seminar 6/2/08. Mr. Geiler stated this is a very basic seminar. Another will be held for Licensees the same morning. Everyone plans to attend including Lt. Jason. Christine Ade is to RSVP for the Board. Steve Maher stated a Police Dept. Seminar will be held in June; they will be inviting someone from the ABCC. Mr. Geiler stated for the record that Regatta of Cotuit submitted a very nice plan showing where the outside dining area will be – we try to get them to submit as much information as possible so the file is complete and the Board can see what really is going to be approved. Meeting adjourned at 11:47 am. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



June 23, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, June 23, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: One Day All Alcohol License: Application of Rebecca C. Richardson on behalf of Rotary Club of Osterville, P.O. Box 705, Osterville for a One Day All Alcohol License for its annual Bluefish-Striped Bass Fishing Tournament, to be held on July 19, 2008 from 5 pm to 9 pm at Wianno Yacht Club, 101 Bridge Street, Osterville. Rebecca Richardson appeared for this application. They are requesting a one day all alcohol license for the event. There are two Rotarians that oversee the liquor service. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Rebecca C. Richardson on behalf of Rotary Club of Osterville, P.O. Box 705, Osterville for a One Day All Alcohol License for its annual Bluefish-Striped Bass Fishing Tournament, to be held on July 19, 2008 from 5 pm to 9 pm at Wianno Yacht Club, 101 Bridge Street, Osterville. One Day All Alcohol License: Application of D. Christian Liakos on behalf of Oysterville Yacht Club, P.O. Box 101, Osterville for a One Day All Alcohol License for a benefit for the Cam Neely Foundation for Cancer Cure, to be held on July 28, 2008 from 6 pm to 11 pm at Oyster Harbors Marine Little Island Facilities, 182 Bridge Street, Osterville. James McGillen appeared for the Yacht Club and Mr. Liakos for the Cam Neely Cancer Care Fund. They are awaiting their State Safety Certificate. It is a large building. They are not going to have cooking there – finger food only. Off premises parking will be provided. Entertainment will be in the building. Bartending volunteer basis by local club




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bartenders. The invited are all of age. The Bone Marrow Center is now complete and opened. They also help other local charities. They do plan to have a 3 piece band and Mr. Hoxie advised we will include it in our motion. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of D. Christian Liakos on behalf of Oysterville Yacht Club, P.O. Box 101, Osterville for a One Day All Alcohol License for a benefit for the Cam Neely Foundation for Cancer Cure, to be held on July 28, 2008 from 6 pm to 11 pm at Oyster Harbors Marine Little Island Facilities, 182 Bridge Street, Osterville and live entertainment, all subject to approval of its State Safety Certificate. One Day Entertainment License: Application of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, MA for a One Day Entertainment License for a Jimmy Buffet show by High Attitude for a fundraiser for local Hellenic charities, to be held on June 28, 2008 from 5 pm to 8 pm at the Cobb Astro Park at Barnstable High School, Hyannis, MA. The applicant did not appear at the hearing. Mr. Geiler asked that the Board approve it – it is strictly entertainment. As it is prior to the next hearing. Mr. Burman asked about setting a precedent. Mr. Sullivan suggests hat in future we approve entertainment at the high school . Mr. Geiler stated it des not set a precedent as they have a right to deny. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, MA for a One Day Entertainment License for a Jimmy Buffet show by High Attitude for a fundraiser for local Hellenic charities, to be held on June 28, 2008 from 5 pm to 8 pm at the Cobb Astro Park at Barnstable High School, Hyannis, MA. Hearings: New Annual All Alcohol Common Victualler License: Application of Costa Galatas, d/b/a Pizza Market, 12 Thornton Drive, Hyannis, Costa Galantas, Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 6:00 am to 1 am. The applicant did not appear for the hearing. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this hearing to 7/7/08. Alteration of Premises and Modification to Daily Live, Non-Live and Sunday Entertainment Licenses to 12:45 am from 12:30 am: Application of Hyannis Property, LLC d/b/a British Beer Company, d/b/a 412 Main Street, Hyannis, Jacquelyn McCarthy, Manager, for an alteration of premises to increase occupancy after 10:00

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p.m. from a total of 185 to a total of 287 and to modify the Daily Live, Non-Live and Sunday entertainment licenses to 12:45 a.m. from 12:30 a.m. Attorney David Lawler appeared for the British Beer Company to expand the 185 seats on its license to 287 occupancy with respect to certain hours of the evening. He stated that they want to expand the occupancy after 10 pm to allow the additional people to enter the premises. He met with Tom Perry in Building and a Fire Dept. Deputy regarding table storage and appropriate exit routes in case of fire. He stated the Board of Health is not affected, as it does not deal with seating. The central area of 58 seats will be removed at 9 – 9:30 with last serving in that area at 8 pm. They will in no way interfere with the people eating in that area, or force them to hurry, as they will advise them at 8 pm that is the last seating. The chairs and tables will be placed outside in an area marked on the plan. Pizza will still be served later on; but the intent is for evening hour business to be larger. From a safety standpoint they have addressed the exit areas. He stated that Mr. Geiler also expressed concern about the transition period , which Attorney Lawler stated allows a down time to make the switch. The postings would have to specify capacity prior to and after 10 pm. That is a 2 hour window. Mr. Hoxie stated they are removing 58 seats and at 10 pm the increase will be 102. Mr. Hoxie asked where those people will sit? Attorney Lawler stated it is a railed area and the people will be then standing, not sitting. The food will be at the tables on the perimeter. He stated it is a pub, and popular for the 21-30 age group. From a business standpoint it is more entertainment, less eating as the night goes on. It is well thought out – the 2 hours should be ample for the transition. And there is a specific time where the number will change. Enforcement at 9:50 would be different than 10:10. The entertainment will start at 10 pm. Mr. Hoxie asked how long a line will form prior to 10 trying to get in for that entertainment? Attorney Lawler stated most people will not just arrive at 10, they will start coming in later or earlier. He does not anticipate any mad rush at 10. In reality it may decrease lines on Main Street. Mr. Hoxie asked if the change to a nightclub at 10 would interfere with the people eating there and turn it strictly into a nightclub? Attorney Lawler stated there will still be substantial seating and it should not affect anyone adversely. He stated that as the night goes on, ANY establishment’s character changes the later it gets. Attorney Lawler does not think the change turns it into a nightclub. Mr. Burman asked where the entertainment is going to be? The Manager, Jacquelyn McCarthy, stated it is in the corner where it has always been. Mr. Burman questioned the food service later; there will be pizza like always and it can be eaten at the tables on the perimeter. Mr. Burman also asked about getting all the people standing in the middle out in an emergency.

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Attorney Lawler stated that specific issue did not come up, but the Building Commissioner and Fire officials did not find a problem with it. The architect stamped it as complying with all building codes. Mr. Burman thought there was a wall in front; Attorney Lawler said that in an emergency they could also duck under the rail and there is an extra wide door. Mr. Burman then asked the Manager how they will handle drink orders? Jacquelyn McCarthy advised they have cocktail waitresses who will be passing out the drinks. She stated they have had the area cleared later in the evening for some years anyways. There are 3 bartenders, 3 servers. The service area is on either side of the bar. Some of the bar stools are removed at that time also. Attorney Lawler stated this is a substantial space – the number still meets the fire code number for safety. The numbers are 133 seats and 160 standing after 10. Paul Sullivan asked about the last serving in the “corral area.” Attorney Lawler said they will have little signs about last seating at 8 or placards on the tables and the maitre ‘d would advise them as well. They will do whatever the Board thinks necessary. Mr. Sullivan asked if the people seated there would be told they had to get up from the table at a certain time – i.e. 9:45. Jacquelyn stated they have always taken the chairs and tables out around 8 or after – it has never been an issue as these are the young people sitting there anyways. Mr. Sullivan asked about the storage as well – Attorney Lawler stated it is in the back. There is one spot a table is put into a corner. A couple tables are put outside for the doormen to use. They use covers now but in future may install a roof and run a sprinkler line out there. Attorney Lawler stated this is ongoing with smaller numbers. There has been no problem with the transition period. It would be reasonable to state the tables and chairs in the area will be removed at 9:45. It is already working with the lower numbers and since they have the space it seems prudent to utilize it. He stated the British Beer Company record is very good and they have multiple successful operations. Mr. Hoxie asked Officer Maher if he saw a problem with the extra 102 people? Officer Maher stated the band does take up quite a bit of space. He also asked if they will be beefing up their security? He also questions the total number of people – if it is too crowded there might be a problem of the police getting in if they were needed. Mr. Geiler had a couple comments – he is surprised to hear they are already doing it; they are NOT abiding by the rules and regulations as they stated they have been removing tables and chairs and have not come to us for the required permission first. The plans we have on file are what was supposed to be taking place along with the Building Dept. formula for capacity number. The original application and plan is supposed to be carried forward, NOT changed later on at a whim. He then stated it should be determined by the Board if it is an appropriate use, if changes may affect the atmosphere, etc. and that it would be helpful to address why this would be beneficial to

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the neighborhood. He said that the Board has to look at how this changes their original decision. Mr. Geiler stated it is not illegal, but what is the impact on the original license? This is a hybrid situation and he sees there will be people looking at this and wanting to follow in these footsteps. He finds it important to deal with this prudently. Attorney Lawler stated this is necessary as there are many people who want to come into the BBC at 10 or after and cannot as there is not enough capacity the way it is now set up. That is why they are requesting it. The building is large enough and the pub atmosphere is different than a nightclub. With respect to the dance floor issue Officer Maher brought up – the band takes up 10%. They would be comfortable with a compromise of subtracting that percentage of standees – and Attorney Lawler stated they would agree to that lower number which would still provide an adequate increase for their business plan. He then asked for approval with the modified numbers and restrictions on signage and placecards, etc. Lt. Jason stated she is stuck with the statement about the older crowd in their 20’s! She said they have represented it being a large building; it is crowded now. Where can they set down their drinks? The police department concern is an overall need. The improvements are new restaurants opening. There are 22 restaurants with over 1,000 people. They all dump out at 1 am and there are only 4 officers. There are no cabs. It has been a problem already for the past few years. Safety also is a concern. Attorney Lawler stated there IS a need; there have been lines and this would eliminate some of that. Officer Maher asked again about the staff being increased to accommodate these extra people? Attorney Lawler stated they will be increasing staff – they need at least 3-4 more for security. The increase in staff will decrease the standee count. Eric Hubler, Hyannis Fire Dept., stated that by definition they are changing to a nightclub or they could not increase the standees. He stated there was no mention of the band and dance floor. Lt. Hubler also asked about rainy and snowy nights moving the furniture, etc. Cynthia Cole came forward in support of the BBC stating they run a very good operation. She would like to discuss the concerns Licensing and the Police Department have about more applications for bigger crowds to come up with a solution to help the Police Department. Attorney Lawler stated their second request is to expand the entertainment to 12:45. Mr. Burman said he is very concerned, as he does not see a public need to increase capacity by 50%. Mr. Hoxie stated they did mention decrease in the lines for getting in.

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Mr. Sullivan said that he has noticed they get a good crowd – but is listening to the Police Department stating the increase may be very difficult. Mr. Sullivan asked what reduced total figure they propose? He is also worried about setting a precedent here. Mr. Geiler stated that we all have to look at the constraints within the state laws. For all his years with the Board, they are very in tune to the needs of the business community. The outside dining for example has proven to be a success. There are only 4 classes of liquor licenses – restaurant, night club, tavern, hotel. You have to fit into one of those. If you are looking to add a new class; you should go to the legislature. There is no license to change from one to the other; in his experience if it happens, the restaurant customers disappear. It then becomes strictly a nightclub. What happens to someone who were to come in to eat and there were no tables? Are they then denied? Some of the issues raised are controlled by the State; Licensing cannot reduce capacity because of problems in the area. We also have to look to the future as to what may happen if the restaurant changes hands and the new capacity goes with the license. Mr. Hoxie brought up the establishment at Main and Sea Street with a large number of standees. That place was a huge problem and the Board stated afterwards that it would take a long hard look at places with too may standees in the future. Mr. Geiler stated this place was in operation in the 70’s and 80’s. This place changed over the years. He then reiterated that the original plans approved need to be adhered to – if the premises are not being enlarged, it should not change character. Mr. Hoxie stated he is opposed to this. He would move to change the hours though. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve increase of entertainment hours to 12:45 from 12:30 am. A second motion was duly made by Mr. Burman to approve the application of Hyannis Property, LLC d/b/a British Beer Company, d/b/a 412 Main Street, Hyannis, Jacquelyn McCarthy, Manager, for an alteration of premises to increase occupancy after 10:00 p.m. from a total of 185 to a total of 287. Mr. Sullivan seconded the motion. All three commissioners opposed the motion. New Annual Common Victualler License: Application of The Coffee Table Café, LLC d/b/a Coffee Table Cafe, 230 Ocean Street, Unit A, Hyannis, MA, Peter Scalata, Manager, for a New Common Victualer License, the hours of operation to be 6 am to 10:30 pm. The applicant did not appear. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this application to 7/7/08. New Common Victualler License: Application of Nirvana Coffee Co., Inc. d/b/a Nirvana Coffee Company, 3206 Main Street, Barnstable, David Lancaster, Manager, hours of operation to be 6 am to 4:30 pm.

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At the request of the applicant’s attorney, a motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this hearing indefinitely. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm. Attorney Connors appeared for this application; he stated the hours really are 7 to 5 pm. He stated they have now prepared a business plan which he distributed. Mr. Burman asked if the lawsuit (appeal) with Superior Court is still pending? Mr. Geiler stated it is still pending. Also, Mr. Geiler stated the Town requires an applicant to be current in obligations; the applicant requested a transcript of the hearing held some time ago which is the basis of this appeal – and the invoice has not been paid despite 2 reminder letters. Mr. Geiler indicated that we should probably continue this matter to the next hearing on July 7th so we can discuss current litigation with Attorney Houghton. Mr. Hoxie asked Attorney Connors if perhaps they would withdraw their appeal at Superior Court so these matters could go forward. Mr. Burman asked if Mr. Ferreira is operating without a current junk dealer license. Mr. Geiler stated that he is not operating from the place that is licensed. Mr. Ferreira stated he is operating from “place to place” as he is entitled to do by law while this matter is being continued. Mr. Hoxie stated that we will discuss this with Attorney Houghton. Mr. Hoxie stated that this hearing will be continued to 7/7/08. New Common Victualler License: Application of Cape Cod Chocolatier, Inc., 1600 Falmouth Road, Centerville, MA, Robert J. Cronin, Manager, for a New Common Victualer License, the hours of operation to be 7 am to 10 pm. Mr. Cronin stated that they are looking at the old Casual Gourmet location. They believe in excess of 50% of their business comes from the Centerville area, thus this new location. They do a lot of charity work. They propose to set up as a kitchen, make the candy (moving from West Yarmouth) and in the summer offer ice cream and gourmet coffee. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Cod Chocolatier, Inc., 1600

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Falmouth Road, Centerville, MA, Robert J. Cronin, Manager, for a New Common Victualer License, the hours of operation to be 7 am to 10 pm. Modification to Daily Live, and Sunday Entertainment License closing times to 12:45 am from 12:30 am: Application of Roobar, LLC, d/b/a Roobar City Bistro, 586 Main Street, Hyannis, Narinder Thind, Manager, for Modification to its Daily Live and Sunday Entertainment License times to 12:45 am from 12:30 am. David Sampson appeared for this application. It is merely a change to increase the entertainment hour to 12:45 am. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Roobar, LLC, d/b/a Roobar City Bistro, 586 Main Street, Hyannis, Narinder Thind, Manager, for Modification to its Daily Live and Sunday Entertainment License times to 12:45 am from 12:30 am. New Officer and Director: Application of Rumpy’s Beef and Reef, Inc., d/b/a The Dockside, 110 School Street, Hyannis, Paul Skudris, Manager for a Change of Officers and Directors on the All Alcohol Common Victualler License to add Jonathan M. Tyler as Vice President and Director of the corporation. Jonathan Tyler came forward with Colleen Campbell. They advised the Board that they are merely adding Mr. Tyler as an Officer and Director to the License. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Rumpy’s Beef and Reef, Inc., d/b/a The Dockside, 110 School Street, Hyannis, Paul Skudris, Manager for a Change of Officers and Directors on the All Alcohol Common Victualler License to add Jonathan M. Tyler as Vice President and Director of the corporation. New Annual All Alcohol License, Daily Live and Sunday Entertainment Licenses: Application of Tommy Doyles Hyannis, LLC, d/b/a Tommy Doyles Irish Pub & Restaurant, 334 Main Street, Hyannis, Matthew Vazquez, Manager, for a New Annual All Alcohol Common Victualler License, the hours of operation to be 8:00 am to 1:00 am with proposed indoor seating for 325 and an outdoor terrace seating 56; total seating 381, and a Daily Live and Sunday Entertainment License, the hours of entertainment to be 9 pm to 12:45 am each day. Mr. Burman recused himself from the hearing as he has a conflict of interest.. Attorney Theodore Schilling came forward with the applicants for this new restaurant. Alan O’Sullivan, Peter Woodman (owners) and Manager, Matthew Vazquez. Mr. Vazquez is from Hyannis and has worked here for some years. Mr. O’Sullivan is from Mashpee. It will be a full restaurant menu with food until closing. They will have proper security.

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Mr. Hoxie asked how the total of 325 is broken down by room. Mr. Geiler stated it has been approved by the Building Commissioner room by room (on the “Seating Plan”). Mr. Hoxie asked about the entertainment. Attorney Schilling advised it will have three stage areas – 2 small and one large, already established in there. Most will be unamplified. The large stage amplification is controlled by management, not the entertainers. Peter Woodman stated they hope to have acoustic music especially Irish music at brunch times and late evening 10:30 – 11 use the main stage. Daytime very much Irish music. Mr. Woodman will be in Cambridge and here on occasion as he has 23 other establishments in Cambridge. Mr. Vazquez will be the Manager on the Liquor License and Mr. O’Sullivan will be here a lot too. They will send dowen other employees after their in-house training is completed in Boston. The places in Cambridge have been open for years – at Harvard Square, they serve a lighter menu as the night gets later. Food will be served until closing time. Mr. Boy commented the place is a continuation of the previous type. Officer Maher asked about the stage locations – he did not have a copy of that. Will it be different entertainment on each one at the same time? The answer was not usually. The focus at night is the main stage. Will there be any music outside on the patio? NO. No outside speakers either. Will there be food service outside on the patio? Yes, there will. What happens if it is full outside and inside and it starts to rain? We should be so lucky, right? Officer Maher asked about security too – a doorman for every 25 people seems to work for them at their other locations. They are being trained in Boston and bringing some senior security people down here for opening, Officer Maher asked about the experience of the Manager here Officer Maher invited the new people to their presentation coming up on Wednesday 10 am at the BPD. The Manager will attend. They plan on opening as soon as the ABCC approval is received. They also have 2 Serv Safe employees and TIPS training. Mr. Geiler asked about parking for Kenmore and Harvard Square facilities. Parking out back in a garage at Kenmore – a complex out the back with 1500 spaces and Harvard Square is difficult. The whole street has been pedestrianized. At Hyannis, Mr. Geiler stated that there is public parking here which is being shared. Also, he asked about their estimate of alcohol percentage and food percentage which they stated is probably 60% food, 40% alcohol. Mr. Woodman stated that the food is key for them. Mr. Hoxie asked which will be the main entrance? Both will be open in summer but the Main Street one is the main entrance. There will also be parking behind the patio fencing. Mr. Sullivan asked how many are out back? They stated 10-15 cars. Cynthia Cole came forward welcoming all the new businessmen – she has had many inquiries about when the Irish pub was opening. She said hopes they are NOT running the restaurant like the former one at all, disagreeing with Mr. Boy’s earlier comment.

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The hail the new people and asked that they NOT run it like the other one. She also invited them to introduce themselves to Mr. Barreiro after the meeting, who is their neighbor. Attorney Schilling stated the Federated Church is nearby. The Father has been to the facility and met with Alan to relieve any worries he might have had about the premises. Mr. Boy amended his comments, stating he meant the old Mayflower restaurant which used to be there and not the previous owner. Eric Hubler came forward from the Fire Dept.; he asked that the new people maintain the audio in the event of a fire alarm. The building is totally sprinkled. The stages do not affect the occupancy – it goes down about 20. The main stage is a seating area. They have 4-5 plans all signed off. Officer Maher stated there are 2 plans – we need one number for the total capacity. Mr. Geiler stated both plans are approved – the difference is slight. When the tables and chairs are removed it becomes a dance floor. It is a 6 seat difference. The TOTAL is 325. A motion was duly made by Paul Sullivan and seconded by Richard Boy and a unanimous vote taken to approve the application of Tommy Doyles Hyannis, LLC, d/b/a Tommy Doyles Irish Pub & Restaurant, 334 Main Street, Hyannis, Matthew Vazquez, Manager, for a New Annual All Alcohol Common Victualler License, the hours of operation to be 8:00 am to 1:00 am with an outdoor terrace seating 56; total capacity 325, and for a Daily Live and Sunday Entertainment License, the hours of entertainment to be 9 pm to 12:45 am each day. Mr. Geiler stated that Barnstable maintains a set of regulations – it is very important that the staff review them. They need to know exactly what is expected of them here in Barnstable. He welcomes them here and asked them to work with us. Alteration of Premises: Application of Berto & Al, Inc., d/b/a Alberto’s Ristorante, 360 Main Street, Hyannis, Felisberto Barreiro, Manager, to alter the premises description to: 360 Main Street, Hyannis, Mass. Masonry and wood building with one entrance and exit on Main Street, two entrances and exits on the side of the building and two exits to the rear of the building. Seven rooms, tables and chairs seating 250. One bar with seating for eight. Kitchen area of 2,300 sq. ft. with an optional, removable dance f loor 12x15 ft. for private functions. Basement storage area of 6,000 sq. ft. Outside serving area for 30 on Main Street and 32 to the side of the building, North Street parking lot. Mr. Barreiro came forward to ask permission to do the alterations to the building to add the extra patio with 32 seats. It is enclosed. The outside dining is very successful out front. Cynthia Cole spoke in favor of the application.

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Off icer Maher asked how long they wil l serve out there? Mr. Barreiro stated around 11. Outside there wil l be some quiet piped music. There wil l be an extra hostess and waitperson. Mr. Burman asked about outside speakers…Mr. Barreiro stated it is the same music piped to the front. You can walk by and not even know it is there. Schooner’s has it out back as well. Lt. Jason made a comment that Alberto’s is one of the f irst to have outside seating and he has always been very cooperative. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Berto & Al, Inc., d/b/a Alberto’s Ristorante, 360 Main Street, Hyannis, Felisberto Barreiro, Manager, to alter the premises description to: 360 Main Street, Hyannis, Mass. Masonry and wood building with one entrance and exit on Main Street, two entrances and exits on the side of the building and two exits to the rear of the building. Seven rooms, tables and chairs seating 250. One bar with seating for eight. Kitchen area of 2,300 sq. ft. with an optional, removable dance f loor 12x15 ft. for private functions. Basement storage area of 6,000 sq. ft. Outside serving area for 30 on Main Street and 32 to the side of the building, North Street parking lot. Renewals: Junk Dealers: Mid Cape Metal Recycling – 30D Thornton Drive This hearing was continued to 7/7/08. Other Business: Lt. Jason reminded all Licensees of the upcoming meeting on 6/25/07 at 10 am at the Police Station for all licensees (this is the second of two). Vote to release Executive Session Minutes of 5/5/08 regarding Cape Cod Inn suspension. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to release the Minutes of the Executive Session held on 5/5/08 regarding Cape Cod Inn. Adjourned at 11:35 a.m. Respectfully submitted,

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___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



July 7, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, July 7, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Requests: Car Sale Permit: Application for a Special 4 Day Permit for Saturn of Hyannis, 115 Bassett Lane, Hyannis, MA 02601, for an off-site fundraiser Car Sale at Barnstable High School, 744 West Main Street, Hyannis from August 14, 2008 to August 17, 2008 $100.00 per vehicle sold will be donated to the school to be used at its discretion. HOLD to 7/28/08. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this hearing to 7/28/08. One Day Entertainment License and Sunday Entertainment License: Application of Cats on the Beach Cat Club, from Melissa Alexander, 24 Residential Lane, Blackstone, MA, for two One Day Entertainment Licenses for a cat show to be held at the Horace Mann Charter School, Marstons Mills, MA on Saturday September 13, 2008 and Sunday, September 19, 2008 from 7 am to 6 pm (including set up and break down time). They will be setting up only on September 12, 2008 after 2:30 pm. Melissa Alexander appeared for the application. This is a yearly show they have held at the school; they hope to have people from the local humane societies there to adopt some of the cats. There are judges in 6 rings. Each judge sees every cat. It is a good show. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cats on the Beach Cat Club, from




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Melissa Alexander, 24 Residential Lane, Blackstone, MA, for two One Day Entertainment Licenses for a cat show to be held at the Horace Mann Charter School, Marstons Mills, MA on Saturday September 13, 2008 and Sunday, September 14, 2008 from 7 am to 6 pm (including set up and break down time). They will be setting up only on September 12, 2008 after 2:30 pm. One Day All Alcohol and One Day Entertainment License: Application of Polly Tobin Goddard on behalf of Barnstable Land Trust, P.O. Box 224, Cotuit for a One Day All Alcohol License and One Day Entertainment License for a string band, for its “Gifts by the Sea” annual event , to be held on August 16, 2008 from 5:30 pm to 8:30 pm at 270 Commerce Road, Barnstable, MA. Polly Goddard appeared – it is the 14th year of the event at a new location. Now will be 5:00 to 8:30. Same format as in the past. They do charge admission of $85.00. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Polly Tobin Goddard on behalf of Barnstable Land Trust, P.O. Box 224, Cotuit for a One Day All Alcohol License and One Day Entertainment License for a string band, for its “Gifts by the Sea” annual event to be held on August 16, 2008 from 5:00 to 8:30 p.m. at 4 One Day Beer & Wine Licenses: Application of Louis Cataldo on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit for 4 One Day Beer & Wine Licenses for 1) a Benefit with Roydon Nash on July 13, 2008 from 2:30 pm to 6:30 p.m., 2) a musical event with Barrence Whitfield on July 17, 2008 from 7 pm to 11:30 pm, 3) a special benefit with comedian Jimmy Tingle on July 19, 2008 from 7 pm to 11 pm and 4) an art exhibit opening on August 2, 2008 from 4:30 pm to 7:30 pm at the center. Chris Doran, Executive Director of the center appeared for the 4 applications. Mr. Burman commented she did not look like Mr. Cataldo. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the applications of Louis Cataldo on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit for 4 One Day Beer & Wine Licenses for 1) a Benefit with Roydon Nash on July 13, 2008 from 2:30 pm to 6:30 p.m., 2) a musical event with Barrence Whitfield on July 17, 2008 from 7 pm to 11:30 pm, 3) a special benefit with comedian Jimmy Tingle on July 19, 2008 from 7 pm to 11 pm and 4) an art exhibit opening on August 2, 2008 from 4:30 pm to 7:30 pm at the center. Hearings: New Common Victualler License: Application of Hyannis Donuts, Inc., d/b/a Honey Dew Donuts of Hyannis, 313 Iyannough Road, Hyannis, MA, Tony Gionfriddo, Manager, for a New Common Victualer License, the hours of operation to be 5 am to 11:00 pm.

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Mr. Gionfriddo appeared for the existing Donut World which will be remodeled and relandscaped. It is shut down now. His brother Jim runs the Honey Dew Donuts in Dennisport and is part of this corporation. They plan to open late August or by Labor Day at the latest. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of of Hyannis Donuts, Inc., d/b/a Honey Dew Donuts of Hyannis, 313 Iyannough Road, Hyannis, MA, Tony Gionfriddo, Manager, for a New Common Victualer License, the hours of operation to be 5 am to 11:00 pm. New Common Victualler License: Application of Mark Harvey, d/b/a Souled Out Restaurant, 167 Sea Street, Hyannis, MA, Mark Harvey, Manager, for a New Common Victualer License, the hours of operation to be 6:00 am to 3:00 pm. Mr. Harvey, owner and Manager, appeared for his application. It used to be World Banquet. He has spent the last couple months on cleanup, etc. Mr. Hoxie commented it was the old clam shack. Mr. Hoxie asked about parking; there is room for 13 and 2 handicapped spots. He has spoken with all the neighbors and has fenced in the dumpster. Mr. Burman asked about the status of the apartment – once it is done they will be in and out of there, using it as an office. Mr. Sullivan asked about pick up time at the dumpster – he has arranged it for 3-4 PM to avoid any of the situations which took place in the past. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Mark Harvey, d/b/a Souled Out Restaurant, 167 Sea Street, Hyannis, MA, Mark Harvey, Manager, for a New Common Victualer License, the hours of operation to be 6:00 am to 3:00 pm. **Change of License Type: Application of R&Y Enterprises, Inc., d/b/a Ying’s, 59 Center Street, Hyannis, Sunun Chaloeicheep, Manager, for a Change of License Type from Common Victualler Wine & Malt to Common Victualler All Alcohol AND Alteration of Premises to add outside dining at 4 tables with 16 seats and Change of D/B/A to Ying’s Café. Sunun Chaloicheep, Manager, appeared for the applications. They have been before Site Plan Review; the plan we have is the revised plan. Mr. Hoxie asked her how long she has been in operation, it is ten years now. Sunun stated they hope to make more income with the all alcohol - Mr. Hoxie asked her if people have asked for it – that would show a need for the all alcohol request; she stated they do want it. Mr. Burman asked if it was agreed to by her landlord (the outside seating). She stated they did send the abutter mailing (Landlord included) and had no responses. The hours of operation are 11 am until midnight. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of R&Y Enterprises, Inc., d/b/a Ying’s,

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59 Center Street, Hyannis, Sunun Chaloeicheep, Manager, for a Change of License Type from Common Victualler Wine & Malt to Common Victualler All Alcohol AND Alteration of Premises to add outside dining at 4 tables with 16 seats and Change of D/B/A to Ying’s Café from 11 am to midnight. New Common Victualler License: Application of Dean Walton, d/b/a The Little Sandwich Shop, 223 Stevens Street, Hyannis, MA, Dean Walton, Manager, for a New Common Victualer License, the hours of operation to be 6:00 am to 10:00 pm. Mr. Walton has been in the business 20+ years. It is in the Village Marketplace. He has been running Persey’s. It was Quickie Mart prior to this restaurant. They will do breakfast and lunch as well as fresh baked goods. His variance hearing for a grease trap is this week – there is an existing one but it is not transferable so they had to apply. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Dean Walton, d/b/a The Little Sandwich Shop, 223 Stevens Street, Hyannis, MA, Dean Walton, Manager, for a New Common Victualer License, the hours of operation to be 6:00 am to 10:00 pm. provided the Board of Health variance is approved. New Annual All Alcohol Common Victualler License: Application of Costa Galatas, d/b/a Pizza Market, 12 Thornton Drive, Hyannis, Costa Galantas, Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 6:00 am to 1 am. There was a request received from the owner to please continue this to 7/28/08. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of Costa Galatas, d/b/a Pizza Market, 12 Thornton Drive, Hyannis, Costa Galantas, Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 6:00 am to 1 am. To 7/28/08. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm. Attorney Connors and Tim Ferreira appeared for the application. Attorney Connors represented that he had tried to reach David Houghton as the Board requested – they spoke just this morning, as Attorney Houghton had been on vacation. They are setting up a meeting with him and suggested this be continued to the next hearing. It was postponed to 7/28/08. Attorney Connors stated nothing has changed with his applications. Mr. Geiler stated that he is operating; and that the dumpsters are out front where they are not supposed to be; the trucks are on the street where they are not supposed to be. Mr. Hoxie stated they are also on for renewal for 30D. Both have been continued now until 7/28/08. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of Tim Ferreira, d/b/a Mid Cape Metal

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Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm to 7/28/08 as well as the renewal application for 30D. New Annual Common Victualler License: Application of The Coffee Table Café, LLC d/b/a Coffee Table Cafe, 230 Ocean Street, Unit A, Hyannis, MA, Peter Scalata, Manager, for a New Common Victualer License, the hours of operation to be 6 am to 10:30 pm. Peter Scalata appeared and advised they have opened without tables and chairs at present (with a retail food service permit) – the response has been very positive. It is the new HyLine building next to the Raw Bar. Mr. Sullivan stated this was before us last hearing and inadvertently missed it. Mr. Scalata stated they are 100% takeout at present – the tables and chairs are in a warehouse. Mr. Geiler asked if this was seasonal; they would like to go year around. They bake right there. He would be happy to stay open as long as there is demand. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of The Coffee Table Café, LLC d/b/a Coffee Table Cafe, 230 Ocean Street, Unit A, Hyannis, MA, Peter Scalata, Manager, for a New Common Victualer License, the hours of operation to be 6 am to 10:30 pm. New Junk Dealer License: Application of Jeffrey Niedbala, d/b/a Spindle City Precious Metals, 1475 South Main Street, Fall River, Ma, for a Junk Dealer License for purchasing only for 3 events to be held on July 18, 19 and 20, 2008 at the Cape Cod Mall outside Macy’s. Aaron Tetreeault and Mr. Niedbala came forward for this application. They are planning to purchase precious metals. They will be open mall hours. It will be advertised on the radio and in the papers. They have five locations in the Commonwealth and one in Rhode Island. They have been in business five years. They are buying for the value of the metals. Mr. Burman stated he is uncomfortable – with “fly by nighters” buying at a price they say is legal when it isn’t. Mr. Tetreault stated the prices are posted in the paper. They have been growing consistently and go by the rate as of the advertising. They have been at their locations for a while and have had no problems. Officer Maher asked a question about recording of purchases; Mr. Tetreault stated they go by the law – customers will fill out a form with the proper information and they will ask for picture ID. They do not buy from anyone under 18. Mr. Geiler asked about how long they have to hold the items as we have a minimum requirement. Mr. Tetreault stated that they hold everything 30 days; our rules are 7 days. Officer Maher asked for a copy of the purchased metals when they have it. Mr. Geiler also asked if their scale is sealed. They advised that it is.

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Jeffrey Niedbala, d/b/a Spindle City Precious Metals, 1475 South Main Street, Fall River, Ma, for a Junk Dealer License for purchasing only for 3 events to be held on July 18, 19 and 20, 2008 at the Cape Cod Mall outside Macy’s with the hours being the same as the mall and that they will comply with all the rules and regulations of the Town of Barnstable. Show Cause Hearing: Show Cause on Up the Creek Again, 36 Old Colony Road, Hyannis, John M. Evans, Manager, for complaints received from neighbor with regard to smoking patio. Continued to 7/7/08; if no complaints, hearing will not take place. Mr. Hoxie stated that the Hearing is called off as no complaints have been received by Licensing or the Police Department. Other Business: Revocation of Class II Auto Dealer License of Auto Smart, Inc., 61 Falmouth Road, Hyannis, for failure to maintain its surety bond in accordance with MGL Ch 140, Section 58 (7). Mr. Danielyan appeared for Auto Smart to advise that the bond had been reinstated per our request; and that it was supposed to have been taken care of. When he received our notice he contacted the bonding company, but the woman who had helped him was on vacation. He has now provided proof of reinstatement with no lapse in coverage. They were enticed to have an out of state agency look at all their insurances; that was supposed to be less expensive but turned out not to be. They were lax in the diligence of paying the 1st bond but is has been reinstated in full. Mr. Hoxie stated the Board was satisfied the bond is reinstated. Mr. Geiler stated we have received many letters in support of the restaurant application of Nirvana, Barnstable Village. They are not zoned for restaurant use but have filed with the Board of Appeals for a permit to allow the restaurant operation. It is Mr. Geiler’s position it would then come back to us for a review. He stated that without compliance with the zoning requirements we are limited as to what we can do. If they do receive zoning relief that application could go forward. Mr. Geiler stated that we should put into place by adopting the guidelines for sting operations by the Board. He stated that the Police Department suggests that the ABCC guidelines be adopted by the Town. The courts have basically upheld stings where there is a comprehensive plan for stings in place. One of the ABCC inspectors has suggested this be adopted by the council; Mr. Geiler suggested the Licensing Authority adopt them so the police department can act on them as “our” guidelines. Mr. Geiler stated he will check with the Legal Department as to how it should be done if the Board wishes. Mr. Hoxie asked that it be confirmed by Legal. Mr. Burman agreed as well and JoEllen Jason also recommended we adopt them.

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Adjourned at 10:09 a.m. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority


LICENSING HEARING MINUTES Town Hall Building, 367 Main Street, 2nd Floor Selectmen’s Conference Room

Hyannis, MA – 9:30 a.m. July 28, 2008

A regular meeting of the Barnstable Licensing Authority was held on Monday, July 28, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Three One Day Beer & Wine, One All Alcohol, 3 Daily Entertainment and a Sunday Entertainment License: Application of Cathrine Macort on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis for Three One Day Beer & Wine Licenses, a One Day All Alcohol License, 3 Daily Entertainment Licenses and a Sunday Entertainment License for the 3rd annual Cape Land and Sea Harvest Festival (CLASH) on September 25, 26, 27 and 28, 2008 in the lot behind the museum. No-one appeared for the application. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue to the application of Cathrine Macort on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis for Three One Day Beer & Wine Licenses, a One Day All Alcohol License, 3 Daily Entertainment Licenses and a Sunday Entertainment License for the 3rd annual Cape Land and Sea Harvest Festival (CLASH) on September 25, 26, 27 and 28, 2008 in the lot behind the museum to 8/18/08. Two One Day Beer & Wine and a One Day Entertainment License: Application of Marilyn Fuller on behalf of Barnstable Historical Society, 3074 Main Street, Barnstable, for Two One Day Beer & Wine Licenses, and One Entertainment License for 2 entertainers for its annual summer event on August 6, 2008 from 5 pm to 9 pm (alcohol and entertainment) and its annual Septemberfest on September 14, 2008 from 4 pm to 8 pm (no entertainment), both at the Daniel Davis House, 3074 Main Street, Barnstable.




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Margaret McKenzie-Beatty appeared for the application. They have a band and are serving beer & wine by experienced servers who are members. Gene Burman asked about the entertainers – as this is a private home. What about the music emanating beyond the boundaries. She stated it is only from 6 pm to 8 pm and there is a P.A. system – a hurdy-gurdy and sea chanties are the type of music. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Marilyn Fuller on behalf of Barnstable Historical Society, 3074 Main Street, Barnstable, for Two One Day Beer & Wine Licenses, and One Entertainment License for 2 entertainers for its annual summer event on August 6, 2008 from 5 pm to 9 pm (alcohol and entertainment) and its annual Septemberfest on September 14, 2008 from 4 pm to 8 pm (no entertainment), both at the Daniel Davis House, 3074 Main Street, Barnstable. Car Sale Permit: Application for a Special 4 Day Permit for Saturn of Hyannis, 115 Bassett Lane, Hyannis, MA 02601, for an off-site fundraiser Car Sale at Barnstable High School, 744 West Main Street, Hyannis from August 14, 2008 to August 17, 2008 $100.00 per vehicle sold will be donated to the school to be used at its discretion. Jim Conroy came forward for his application. This is a fundraiser they have done in the past and had very good luck with it. It will be Thursday through Saturday 9-8 and Sunday 12-5. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application for a Special 4 Day Permit for Saturn of Hyannis, 115 Bassett Lane, Hyannis, MA 02601, for an off-site fundraiser Car Sale at Barnstable High School, 744 West Main Street, Hyannis from August 14, 2008 to August 17, 2008 with $100.00 per vehicle sold to be donated to the school to be used at its discretion. One Day Beer & Wine License: Application of Sarah Biggs on behalf of The Casual Gourmet, 31 Richardson Road, Centerville for a One Day Beer & Wine for a Chamber of Commerce event for young professionals to be held at the Tilden Arts Center at Cape Cod Community College on August 7, 2008 from 5 pm to 7 pm. Olive Chase came forward for the application – it is a Business After Hours event. The bar will be cash beer and wine 5-7 pm. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Sarah Biggs on behalf of The Casual Gourmet, 31 Richardson Road, Centerville for a One Day Beer & Wine for a Chamber of Commerce event for young professionals to be held at the Tilden Arts Center at Cape Cod Community College on August 7, 2008 from 5 pm to 7 pm.

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One Day Entertainment License: Application of Bruce Smith for Calvary Baptist Church, 25 Lincoln Road, Hyannis, MA, for a One Day Entertainment License for a summer festival to help its nutrition mission to be held at the church on August 23, 2008 from noon to 7 pm. Mr. Smith came forward for the application – mostly background taped music but also some live gospel music. There are mostly businesses there. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Bruce Smith for Calvary Baptist Church, 25 Lincoln Road, Hyannis, MA, for a One Day Entertainment License for a summer festival to help its nutrition mission to be held at the church on August 23, 2008 from noon to 7 pm. New Annual All Alcohol Common Victualler License: Application of Costa Galatas, d/b/a Pizza Market, 12 Thornton Drive, Hyannis, Costa Galantas, Manager for a New Annual All Alcohol Common Victualler License, the hours of operation to be 6:00 am to 1 am. NO-ONE APPEARED FOR THE APPLICATION. It was held to the end of the meeting and still no-one appeared. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to deny the application since this is the 3rd time it has been scheduled. New Common Victualler License: Application of Shree Ganesh Associates, Inc., d/b/a Cape Cod Chicken, 1671 Falmouth Road, Centerville, MA, Jaganath Lamsal, Manager, for a New Common Victualer License, the hours of operation to be 11:00 am to 8:30 pm. Cape Cod Chicken exists but this is a new owner – operating the same business. Mr. Hoxie asked if the man in the chicken suit would be back outside and Mr. Lamsal, Manager, said he was trying to get it. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Shree Ganesh Associates, Inc., d/b/a Cape Cod Chicken, 1671 Falmouth Road, Centerville, MA, Jaganath Lamsal, Manager, for a New Common Victualer License, the hours of operation to be 11:00 am to 8:30 pm. New Class II Auto Dealer License: Application of Cape Cod Automotive, LLC, d/b/a Cape Cod Automotive, 600 Yarmouth Road, Hyannis, MA, Ralph Perkins, Manager, for a new Class II Auto Dealer License, hours of operation to be 8 am to 7 pm.

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Kathy Hansen appeared for the application just to sell used cars on the lot – now it is a Class I license. They no longer have the franchise for Chrysler-Dodge. It was asked how many vehicles; Tom Perry had indicated no more than at present, but this was an old license with no number of vehicles listed. Tom Geiler stated the number of vehicles should be less than the present license as they will no longer sell new vehicles and suggested 150 as Kathy intimated they have approximately 250 now. Mr. Geiler stated if they want more vehicles they will have to develop a plan and have it approved. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Cod Automotive, LLC, d/b/a Cape Cod Automotive, 600 Yarmouth Road, Hyannis, MA, Ralph Perkins, Manager, for a new Class II Auto Dealer License, hours of operation to be 8 am to 7 pm for a maximum of 150 vehicles on the lot. Transfer of Annual All Alcohol Package Store License: Application of Daggett’s Liquors – Park Square Inc. d/b/a Capeside Wine & Spirits All Alcohol Package Store License, 101 Iyannough Road, Hyannis, MA, Thomas Haugh, Manager for transfer to Grain & Vine Spirit Shoppe, Alan O’Campbell, Manager, the hours of operation to be 10 am to 10 pm Monday through Thursday, 10 am to 11 pm Fri & Sat, noon to 10 pm Sun. Alan O’Campbell came forward – they are not changing the building or hours but will have somewhat different inventory. He has been managing a shop in Somerville for 6 years and has many years in the business. He was questioned about his familiarity with the Town of Barnstable Rules & Regulations; stated he has read the Blue Book (ABCC) but does not know Barnstable’s at present - stating he will before operating. The closing is scheduled for September 15. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of of Daggett’s Liquors – Park Square Inc. d/b/a Capeside Wine & Spirits All Alcohol Package Store License, 101 Iyannough Road, Hyannis, MA, Thomas Haugh, Manager for transfer to Grain & Vine Spirit Shoppe, Alan O’Campbell, Manager, the hours of operation to be 10 am to 10 pm Monday through Thursday, 10 am to 11 pm Fri & Sat, noon to 10 pm Sun. New Annual All Alcohol Common Victualler License: Application of Kobi House, Inc., d/b/a Kobi House, 489 Bearse’s Way, Hyannis, MA, Karen Huang-Liu, Manager, for a New All Alcohol Common Victualler License, the hours of operation to be 11:30 am to 11:00 pm. Proposed seating for 48. Mrs. Huang-Liu came forward for the application. They have a license now for food. She has been a bartender in Harwich 2005-2006, bar manager and assistant manager. She is the owner and manager of a liquor store for 2 years in West Dennis (beer & wine). There will be no bar – the alcohol will be only for service to the tables. All

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servers will be TIPS trained. Mr. Burman asked if we have a sign-off on the 48 seats and was told it is the same as existing now. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Kobi House, Inc., d/b/a Kobi House, 489 Bearse’s Way, Hyannis, MA, Karen Huang-Liu, Manager, for a New All Alcohol Common Victualler License, the hours of operation to be 11:30 am to 11:00 pm. Proposed seating for 48, with no bar. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm. Attorney James Connors came forward for his client and asked for a continuance per Attorney David Houghton, Town Attorney, so an Executive Session could be held prior to the hearing for the license. Attorney Houghton asked that we hold an executive session today before 11 or at the beginning of the next meeting to determine whether the application should be heard. Mr. Hoxie prefers the Executive Session be published prior to holding it. The content will be with regard to strategy for the Superior Court case. Mr. Burman asked how Mr. Ferreira can continue to operate now without a proper license. He did not get an answer to his question. Mr. Hoxie stated the Executive Session will take place at 9:30 on August 18, 2008. It will be prior to the regularly scheduled Licensing Authority Hearing. A notice will be posted to that effect. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on May 26, 2008 at 9:57 p.m., VN Management Corp., d/b/a Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, did violate the Code of the Town of Barnstable, Massachusetts, Part V, Section 501-15, Paragraph D to wit, “no members of the public may be on the licensed premises at any time during suspension periods,” and further that “the licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises. Steve Maher asked for a brief recess to speak to Lt. Jason prior to commencement of the hearing. Mr. Hoxie swore in Officer Maher and Mr. Vo and Lt. JoEllen Jason. Lt. Jason stated that the officer writing the report could not appear today. Lt. Jason then asked Officer Maher about the incident 5/26/08. Officer Maher had interviewed the officer (Challies) going to the Duck Inn Pub. According to him, Mr. Vo and his wife were inside the establishment with plates of food and an open bottle of red wine which subsequently ended up on the floor. The T.V. was also on in the bar. He did not see any cleaning or

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clerical work taking place– just the remnants of a dinner. The business was closed at that time according to the officer. Officer Maher also advised that according to the signs posted, Mr. Vo was supposed to be closed for suspension of his all alcohol innholder license at the time of the incident. The suspension rules are very clear and Lt. Jason stated those rules had been broken. Mr. Vo was asked if he had any questions for the police. He did not. Mr. Vo stated he did not know he and his wife could not be there – they live on the property and have meals every day there. He stated he did not understand that HE could not be there – he thought the rule was just for the public or others. They are there most all of the time. Paul Sullivan reiterated that they were under a 6 day suspension at the time. Mr. Geiler stated a notice of closing is given to the licensee when suspended plus a copy of the suspension rules. Mr. Geiler stated Mr. Vo is the owner/manager and is supposed to be the most responsible person on the property. Mr. Sullivan again asked Mr. Vo about his presence there. Mr. Vo said he was there with his wife eating and answering the phone for reservations. Officer Maher asked Mr. Vo where the wine came from for their dinner – Mr. Vo answered it came from the bar. Officer Maher asked him what he was given for the suspension from Licensing – Mr. Vo could only remember the orange sign. Officer Maher asked about the piece of paper with the rules for suspension and he did not remember that. Mr. Burman stated this is sort of a grey area – as Mr. Vo does live there. A motion was made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken for a guilty finding that the owner/manager violated the Rules and Regulations of the Town of Barnstable, Massachusetts, Part V, Section 501-15, Paragraph D to wit, “no members of the public may be on the licensed premises at any time during suspension periods,” and further that “the licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises. A second motion was made by Paul Sullivan that the restaurant receive a warning. The motion was seconded by Gene Burman. Mr. Geiler asked for the rationale behind that motion – Mr. Sullivan said he believes there is some mitigation as although there was a violation he thinks this does not warrant a suspension. He stated this cannot continue to happen. Mr. Geiler stated that the law authorizing the issuance of a liquor license carries with it a high level of responsibility for the manager and the owner. They must ensure that the rules and regulations are complied with. Ignorance or not understanding is not acceptable. This was a day on which their license was already suspended! He further stated that is the time to think about how to get back on track; not to violate another rule of the Town. The facility does have an office which could be utilized for reservations. He stated he

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understands the egregiousness on a violation like this may not jeopardize the public, but raises the larger issue of whether this is a proper person to even hold a liquor license. Mr. Sullivan re-read the regulations and still thought Mr. Vo was under mitigating circumstances here. Mr. Geiler asked if he was in the facility, taking phone calls, talking with customers, is he supposed to be drinking? He is prohibited by the regulations. Officer Maher stated Mr. Vo has admitted to taking stock from the bar while suspended. This is not allowed. This Board had already moved the suspension to a date more convenient for him. Officer Maher suggested a suspension be imposed rather than a warning which be suspended for a period of time so that if he has to be brought back in it be imposed. Lt. Jason stated that the police have heard more incidents since this one but chosen not to bring them before the board yet. Some of the same issues like the music outside. Mr. Vo says he has been here for 5 years. He has tried his best to survive in this Town; they work very hard and have not ever tried to violate the rules. He again said he was not trying to do anything wrong and did not understand as that is his home. Mr. Sullivan stated the police department is there for discussion with the licensees at any time and has held several meetings to help them understand the rules. Mr. Sullivan stated he does not want to see him before the Board again – he needs to pay more attention to his responsibilities. Mr. Hoxie asked Mr. Geiler his opinion – Mr. Geiler stated it might behoove the Board to just continue the hearing for a period of time so if he violates again, he can then be brought back in and reprimanded. Mr. Hoxie suggested we continue the hearing. Mr. Burman agreed completely with Mr. Geiler’s suggestion. He stated not understanding as an excuse just does not cut it. Not knowing is not an acceptable excuse. He MUST know. He is the manager; the name on the license is his. Nothing mitigates that responsibility. Mr. Burman recommends the hearing be left continued. He also stated Officer Maher does not go out looking for trouble but is out trying to make sure everyone is treated fairly. Mr. Geiler stated there are two charges which fall under the same section. Present for purpose other than work or cleanup; and second eating and drinking with the restaurant alcohol and food. The reservation phone is in the office; not in the bar. Mr. Sullivan asked about a call – a call came in for a disturbance between Mr. Vo and another party not related to this incident. Mr. Sullivan withdrew his original motion. Mr. Burman made a motion to continue the Show Cause Hearing: brought by the Barnstable Police Department that on May 26, 2008 at 9:57 p.m., VN Management Corp., d/b/a Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, did violate

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the Code of the Town of Barnstable, Massachusetts, Part V, Section 501-15, Paragraph D to wit, “no members of the public may be on the licensed premises at any time during suspension periods,” and further that “the licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises to July 27, 2009 based on testimony and discussion. Town Attorney David Houghton was asked if he had any problem with the motion; he did not. Mr. Sullivan seconded the motion and it was unanimously voted to continue the hearing to July 27, 2009. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on May 26, 2008 at 1:30 a.m., Phu Bros., Inc., d/b/a Hannah’s Fusion Bar and Bistro, 615 Main Street, Hyannis, Binh Phu, Manager, did violate the Code of the Town of Barnstable, Massachusetts, Part V, to wit: (1) Section 501-3, Paragraph J, “Licensees are not permitted to lock the front door of the premises until the last patron has exited from the premises;” (2) Section 501-7, Paragraph C, 1: “No licensee or employee or agent of licensee shall offer or deliver any free drinks to any person or group of persons;” (3) Section 501-7, Paragraph I: “Whoever makes a sale or delivery of any alcoholic beverages or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under § 12 or 15 of General Laws Chapter 138 delivers or procures to be delivered in any public room or area of such establishment any such beverages or alcohol to or for use of a person who he knows or has reason to believe to be under 21 years of age or whoever procures any such beverages or alcohol for a person under 21 years of age in any establishment licensed under § 12, or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment that is a package store, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or both. (N.B.: Alcoholic beverages may be procured for an underage child, ward or spouse in a package store by a parent, guardian or spouse but may not be so procured for such underage person in an on-premises drinking establishment). (General Laws, Ch. 138, § 34);” (4) Section 501-7, Paragraph R: “No alcoholic beverages shall be served after the closing hours indicated on the license;” (5) Section 501-7, Paragraph R: “All glasses, bottles, or other containers used for or containing alcoholic beverages shall be removed from all tables, bars, counters, patrons and public areas no later than 15 minutes after the approved closing time on the license for the sale of alcoholic beverages;” (6) Section 501-7, Paragraph R: “No alcoholic beverages shall be consumed after the closing hours on the license;”

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(7) Section 501-8, Paragraph A: “It shall be obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times. Each licensee will be held accountable for all violations that are related to the licensed premises to determine whether or not the licensee acted properly in the given circumstances.;” (8) Section 501-10, Paragraph D: “No entertainment may take place at a licensed premises and no member of the public may be at the licensed premises except during the hours and days when the Licensing Authority has approved the premises to be open to the public. It shall be a violation of the food or beverage license if entertainment is conducted on the premises prior to the opening hour set by the Licensing Authority or subsequent to the closing hour set by the Licensing Authority for the exercise of the food or beverage license or during any period when the food or beverage license has been suspended.” Mr. Hoxie swore in Officer Maher and Bin Phu. Lt. Jason asked Officer Maher to describe his assignment. Officer Maher stated he was directed to conduct compliance checks in plain clothes. He went on this patrol with Officer Estey – also in plain clothes and in an unmarked car. He observed an open window at Hannah’s – but the place looked closed. He got out of the car to check it and then heard music coming out. Officers Maher and Estey looked down the bar from the Main Street window. They observed drinks (shots) being handed to each patron and each patron drank those shots. A uniformed vehicle was called and arrived on scene. They tried to enter in front and it was locked. They went to the back and it was locked. Officer Maher then went to the open window and got the attention of the bartender and were let in. Each patron put their ID on the bar – 10 were over 21 but one claimed he had no ID. Officer Maher spoke to the female bartender asking if she had gotten ID from everyone – she said she had. She also said she had lost track of time. The police then called in Mr. Liberty’s information (the one without ID) and determined he was 20. He stated he had entered with the group, had been given a shot of Crown Royal, was not asked to pay and not asked for ID. It was about 1:35, 1:40 at the time of the incident. Officer Maher stated there was no owner there, just this bartender. Mr. Phu attended and stated he is the owner/manager. He stated he tried to hire good employees – Leslie had worked for him since the restaurant opened – and he had no reason to believe she would take advantage of her position and do this. He took full responsibility and said he believes Officer Maher’s representations to be true. Mr. Phu stated the people there were the bartender’s friends. Mr. Hoxie asked if she was still employed. Mr. Phu said he called her the next day – did not get a callback for another day. She was then terminated after he spoke with her. He also stated that all of his staff went to the recent meeting held by the Police Dept. with regard to rules and regulations. He is trying very hard to see that everything runs properly. That evening he stated that he left about 11; he is the chef. Mr. Burman asked if he had anyone in charge when he is not there; Mr. Phu stated the person left in charge would be the bartender. Mr. Burman asked how old the bartender

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is – he thought she was 22. He had known this bartender for several years as a waitress prior to taking the bartender job. A motion was duly made by Gene Burman on the Show Cause Hearing of Phu Bros., Inc., d/b/a Hannah’s Fusion Bar and Bistro, 615 Main Street, Hyannis, Binh Phu, Manager, that on May 26, 2008 at 1:30 a.m., IT did violate the Code of the Town of Barnstable, Massachusetts, Part V, to wit: (1) Section 501-3, Paragraph J, “Licensees are not permitted to lock the front door of the premises until the last patron has exited from the premises;” (2) Section 501-7, Paragraph C, 1: “No licensee or employee or agent of licensee shall offer or deliver any free drinks to any person or group of persons;” (3) Section 501-7, Paragraph I: “Whoever makes a sale or delivery of any alcoholic beverages or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under § 12 or 15 of General Laws Chapter 138 delivers or procures to be delivered in any public room or area of such establishment any such beverages or alcohol to or for use of a person who he knows or has reason to believe to be under 21 years of age or whoever procures any such beverages or alcohol for a person under 21 years of age in any establishment licensed under § 12, or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment that is a package store, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or both. (N.B.: Alcoholic beverages may be procured for an underage child, ward or spouse in a package store by a parent, guardian or spouse but may not be so procured for such underage person in an on-premises drinking establishment). (General Laws, Ch. 138, § 34);” (4) Section 501-7, Paragraph R: “No alcoholic beverages shall be served after the closing hours indicated on the license;” (5) Section 501-7, Paragraph R: “All glasses, bottles, or other containers used for or containing alcoholic beverages shall be removed from all tables, bars, counters, patrons and public areas no later than 15 minutes after the approved closing time on the license for the sale of alcoholic beverages;” (6) Section 501-7, Paragraph R: ”No alcoholic beverages shall be consumed after the closing hours on the license;” (7) Section 501-8, Paragraph A: “It shall be obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times. Each licensee will be held accountable for all violations that are related to the licensed premises to determine whether or not the licensee acted properly in the given circumstances;”

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(8) Section 501-10, Paragraph D: “No entertainment may take place at a licensed premises and no member of the public may be at the licensed premises except during the hours and days when the Licensing Authority has approved the premises to be open to the public. It shall be a violation of the food or beverage license if entertainment is conducted on the premises prior to the opening hour set by the Licensing Authority or subsequent to the closing hour set by the Licensing Authority for the exercise of the food or beverage license or during any period when the food or beverage license has been suspended” that we have heard testimony from the police department and the licensee and there was ample discussion. He stated he sees no mitigating circumstances and finds the Licensee guilty of all the charges. The motion was seconded by Paul Sullivan and a unanimous vote taken to adopt those findings. Mr. Burman then made a motion to suspend for 4 days for specific findings, Paul Sullivan seconded and a unanimous vote was taken to impose the suspension of 4 days to commence May 26, 2009. Mr. Geiler stated the important issue here is that the owner/manager took immediate action to fire the bartender and have his staff attend the police department meeting for further training. He was not asked to do so but did so on his own. He stated also that Mr. Phu admitted these things took place and did not try to make excuses; he took the appropriate actions. Mr. Geiler stated we could make individual findings or sanctions or take them as a group or continue the matter to see what the future brings. Mr. Geiler suggested issuing sanctions on the serious ones but filing the others. Mr. Hoxie was worried about what would happen on appeal. Mr. Phu stated he really thinks the amount of the suspension Mr. Burman proposed is too much; he stated he immediately took the proper actions to ensure it never happens again. He asked for a warning – stating they are not a punk place; it is a beautiful, nice restaurant; he has received the highest Zaggat rating – Mr. Phu stated he is a good culinary school graduate and tries to hire the best people he can; but the situation is like a bad child; out of his control and the “child” made a mistake, which snowballed into all the offenses. He trusted this person as he cannot be there all the time. The person in charger is the person responsible. Mr. Burman is a former licensed owner himself and stated so. Mr. Burman said that each night went to whomever was in charge and stated to the person left there – it was HIS name on the license and to make sure to be vigilant – if in doubt do not serve the person. He then stated there are several serious violations the night of the incident here and someone must be left “in charge” and responsible. Mr. Phu’s position is that the person working there is the “manager” that evening. Mr. Burman stated that the restaurant is a good one – but that he is being mild in suspending for only 4 days, not harsh. Mr. Sullivan stated that the person who was 22 – and the conversations that took place with her, she did not show much credibility or maturity. The woman was just trying to get out of trouble. Locking the doors while people are in there drinking is a major problem. This was ½ hour after they should have been closed. And then serving a minor besides is a serious problem.

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Mr. Hoxie also stated the motion made by Mr. Burman is very lenient. He also stated he is upset with the licensee for thinking it should only warrant warnings. After discussion, Mr. Burman withdrew his motion and proposed suspension for Phu Bros., Inc., d/b/a Hannah’s Fusion Bar and Bistro, 615 Main Street, Hyannis, Binh Phu, Manager, as follows: For Section 501-7, I for serving a person under the age of 21 a one day suspension; for Section 501-7, R for bottles and glasses on the bar after the hour of closing a one day suspension; for Section 501-7 R consuming beverages after closing a one day suspension and for Section 501-3,J locking the doors with patrons inside drinking a suspension of one day for a total of 4 day suspension. This motion was seconded by Paul Sullivan and a unanimous vote taken to suspend for 4 days commencing May 26, 2009. Show Cause Hearing: Show Cause Hearing for the purpose of determining if the lodging house licenses held by Park Square Trust III, Mark Sheehan, Trustee, Errol Foster, Manager at 156 Main Street and West Wind Trust, Mark Sheehan, Trustee, Errol Foster, Manager, 80 Yarmouth Road, Hyannis, MA should be renewed for the remainder of the calendar year. Mr. Sheehan appeared for continuation of his Lodging House License for the remainder of 2008. He represented that everything is fine there and there are no problems. Mr. Geiler stated that the Building Commissioner and Public Health officials are still very concerned about the landlord providing the basic utilities needed by these residents without interruption. Mr. Burman asked if the specific problems have been rectified. Mr. Sheehan started talking about a lawsuit and some health issues and Mr. Burman stated he did not answer his question. The landlord then stated the utilities were behind because of his lawsuit. He then said he guaranteed that there are no problems now. Mr. Geiler stated that utilities are NOT shut off with no warning…property owners are notified and are obligated to take care of the arrearages so that BASIC services are provided. He suggested the Board renew for the remainder of the year with the restriction that the owner will notify the Board of Health immediately if there is an interruption of any basic services or any emergency shutoffs. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to renew the lodging house licenses held by Park Square Trust III, Mark Sheehan, Trustee, Errol Foster, Manager at 156 Main Street and West Wind Trust, Mark Sheehan, Trustee, Errol Foster, Manager, 80 Yarmouth Road, Hyannis, MA with the restriction that the owner will notify the Board of Health immediately if there is an interruption of any basic services or emergency shutoffs. Business Meeting: Adoption of Sting Guidelines by the Licensing Authority for use by the Barnstable Police Department.

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Lt. Jason stated the following need to be changed on our guidelines. Two weekend stings were conducted. She would like to amend #12: or until such time as the alcoholic beverage was taken as evidence and #17 striking the last sentence. Lt. Jason stated they were very disappointed that there was a 30% non-compliance rate from the stings they conducted, and some of the offenders were owners, not just employees. Mr. Burman made a motion to adopt the sting guidelines as amended by Lt. Jason, the motion was seconded by Paul Sullivan and a unanimous vote taken to adopt. Those sting guidelines are attached as page 14 of these Minutes. Adjourned at 11:13 a.m. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

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STING GUIDELINES

These guidelines are intended to provide the basic framework which will be used when conducting underage drinking stings on licensed premises.

1) Notification that a sting will be taking place will be made in local media prior to the start date. 2) The underage person taking part in the sting should reasonably look their age. Efforts to make

them look older should be avoided. 3) A photo of the underage person should be taken and attached to the information requested in #6. 4) The underage person should not be carrying any identification when taking part in the sting. 5) The underage person should not carry any money with them other than that given by the law

enforcement officer supervising them. 6) The underage person shall sign a release form prior to starting participation in this program. The

underage person and police officer should also sign and date a copy of these guidelines. 7) The underage person shall be given a BAC test at the conclusion of the investigation. They

should be informed of this prior to beginning the investigation. 8) The underage person shall enter the licensed premises under observation by a law enforcement

officer. 9) The underage person shall attempt to purchase an alcoholic beverage. They should attempt to

purchase the same thing at each location tested to avoid confusion. 10) At no time shall the underage person attempt to misrepresent their age or provide any

identification. 11) If asked for identification, the underage person should leave the establishment. 12) If served, the underage person shall remain on the licensed premises for a period of time as

instructed by the law enforcement officer. They should then exit the licensed premises leaving the alcoholic beverage or until such time as the alcoholic beverage was taken as evidence.

13) At no time, under any circumstance, shall the underage person consume any alcoholic beverage. 14) The safety and welfare of all underage participants will be of utmost importance to ABCC

investigators and law enforcement personnel. Underage persons shall not be exposed to any unusual, unnecessary or unreasonable risk.

15) The underage person will not wear, exhibit or carry any law enforcement identification or falsely represent themselves as employees of any other law enforcement unit while participating in this program. They shall not under any circumstances carry a weapon.

16) Law enforcement personnel should only enter the premises to observe on an as needed basis when circumstances warrant.

17) Law enforcement personnel should not enter the licensed premises after the underage person has exited.



August 18, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, August 18, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: 8 One Day Wine & Malt and 8 One Day Entertainment Licenses: Application of Pamela Brimmer, Treasurer, on behalf of The German-American Club, P.O. Box 187, Hyannis, for 8 One Day Wine & Malt Licenses and 8 One Day Entertainment Licenses for its non-profit, adult only dinner dances with wine and malt and a 2-3 piece band to be held on the following dates: 10/11/08, 11/8/08, 12/13/08, 1/10/09, 2/14/09, 4/11/09, 5/9/09 and 6/13/09 from 5:30 pm to 11:00 pm at the Fraternal Lodge, Route 28, Centerville, MA. No-one appeared for the German-American Club. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of Pamela Brimmer, Treasurer, on behalf of The German-American Club, P.O. Box 187, Hyannis, for 8 One Day Wine & Malt Licenses and 8 One Day Entertainment Licenses for its non-profit, adult only dinner dances with wine and malt and a 2-3 piece band to be held on the following dates: 10/11/08, 11/8/08, 12/13/08, 1/10/09, 2/14/09, 4/11/09, 5/9/09 and 6/13/09 from 5:30 pm to 11:00 pm at the Fraternal Lodge, Route 28, Centerville, MA to 9/8/08. Three One Day Beer & Wine, One All Alcohol, 3 Daily Entertainment and a Sunday Entertainment License: Application of Cathrine Macort on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis for Three One Day Beer & Wine Licenses, a One Day All Alcohol License, 3 Daily Entertainment Licenses and a Sunday Entertainment License for the 3rd annual Cape Land and Sea Harvest Festival (CLASH) on September 25, 26, 27 and 28, 2008 in the lot behind the museum.




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Mark Wilkins, Director and Curator, attended the meeting. He advised that the festival is an opportunity for local growers and fisherman to showcase their wares. It draws great public support. Mr. Burman asked if any provision has been made to augment parking; a different festival 2 months ago was sorely lacking in parking. Mr. Wilkins answered that they ask people to park in town lots, etc. He is hosting it; the festival people would know more. Mr. Geiler asked who dispenses the alcohol. Mr. Wilkins stated one of our restaurants is handling that. Mr. Geiler stated that the way the application is submitted, the Maritime is responsible for the alcohol service. That states TIPS certified staff will be serving. Mr. Wilkins apologized for not knowing the details, stating that Cathrine Macort is not with them any longer. Mr. Geiler stated it is a unique concept; the event features native Cape Cod activities and certainly has a lot of merit. He asked if the application could be from the entity who actually was going to handle it.; and stated that Health, Building, etc. have to be consulted and he is not sure who took care of all of it last year. Mr. Geiler stated that our office is willing to guide them through the process to get this properly issued. Mr. Hoxie stated we can approve it pending a qualified person getting in touch with us. Mr. Burman proposed continuing the application to the 9/8/08 meeting. We will just vote on it at that time, providing the alcohol server contact our office. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application to 9/8/08 pending contact by the alcohol server, whose name would go on the license rather than that of the Maritime Museum. One Day Entertainment License: Application of Heather Donnelly for MSPCA Animal Care & Adoption Center, 1577 Falmouth Road Centerville, MA, for a One Day Entertainment License for an Angell Walk for Animals to start and finish at Aselton Park, Hyannis on September 7, 2008 from 10 am to 2 pm. A DJ, Len Niemi of the Moondance, will perform. Ms. Donnelly stated this is the 13th annual event. It is to raise funds and arrange adoptions for animals needing care and homes. Mr. Geiler asked if they have the Town Manager permit for Aselton Park; he was advised the permit is with the Town Manager at present for approval. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Heather Donnelly for MSPCA Animal Care & Adoption Center, 1577 Falmouth Road Centerville, MA, for a One Day Entertainment License for an Angell Walk for Animals to start and finish at Aselton Park, Hyannis on September 7, 2008 from 10 am to 2 pm. A DJ, Len Niemi of the Moondance, will perform, pending the Town Manager permit.

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New Annual Common Victualler License: Application of Pain D’Avignon, II, Inc., d/b/a Pain D’Avignon Bakery Café, 15 Hinckley Road, Hyannis, MA, Mario Mariana Manager, for a New Common Victualer License, the hours of operation to be 6:30 am to 8:00 pm Monday to Friday, Saturday 6:30 am to 5 pm and Sunday 6:30 am to 3 pm. Mr. Mariana was present for this application. He stated that they have a wholesale bakery and attached to it is a new café. They just learned the common victualler license was needed – had their health department food permit and did not know our license existed. He said they have been operating for a month now and have permission from the Health Dept. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Pain D’Avignon, II, Inc., d/b/a Pain D’Avignon Bakery Café, 15 Hinckley Road, Hyannis, MA, Mario Mariana Manager, for a New Common Victualer License, the hours of operation to be 6:30 am to 8:00 pm Monday to Friday, Saturday 6:30 am to 5 pm and Sunday 6:30 am to 3 pm. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm. Attorney Connors appeared to advise Mr. Ferreira is ill and could not attend today. He asked for a continuance until the 10/6/08 meeting. He then advised he will speak with Attorney Houghton to address the issues on this matter in the interim. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the hearing of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm to October 6, 2008 as well as continuing the renewal of the Junk Dealer License at 30D Thornton Drive to the same date. New Officers/Directors: Application of SL Uno Hyannis, Inc. d/b/a Uno, Chicago Grill, 574 Iyanough Road, Hyannis, Michael Sives, Manager, for a Change of Officers and Directors. Michael Sives appeared for the application. Three new individuals are being appointed and two have resigned. These are not local changes, but corporate. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of SL Uno Hyannis, Inc. d/b/a Uno, Chicago Grill, 574 Iyanough Road, Hyannis, Michael Sives, Manager, for a Change of Officers and Directors. Show Cause Hearing: Show Cause Hearing for Bumbalini’s of Cape Cod, Inc., d/b/a Bumbalini’s & The Beechtree Bar, 599 Main Street, Hyannis, MA, Louis Cheschi, Owner, for failure to open the restaurant after a requested closing until April 1, 2008 from

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February 4, 2008 and failure to pay for the 2nd half Common Victualler All Alcohol License fee of $1,350.00 prior to June 15, 2008. The Licensee called to advise he was unable to attend the hearing this morning due to an emergency. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the Show Cause Hearing for Bumbalini’s of Cape Cod, Inc., d/b/a Bumbalini’s & The Beechtree Bar, 599 Main Street, Hyannis, MA, Louis Cheschi, Owner, for failure to open the restaurant after a requested closing until April 1, 2008 from February 4, 2008 and failure to pay for the 2nd half Common Victualler All Alcohol License fee of $1,350.00 prior to June 15, 2008 to its hearing on 9/8/08. Renewals: Renewal of Junk Dealer License for Mid Cape Metal Recycling, 30D Thornton Drive, Hyannis, Tim Ferreira, Manager. Continued to 10/6/08. Business Meeting: Mr. Geiler advised that we have received a request from the Police Department to schedule show cause hearings – 16 to date and 6 more to come according to Officer Maher. Mr. Geiler stated this is very disturbing; if you look at it against the total number of licenses, there is a large portion who are not in compliance. Also, the sting follows two training seminars at which many licensees were present. These will be scheduled in 3 sessions beginning 9/22/08. Mr. Geiler stated this is out of the ordinary and maybe we should have an Executive Session to discuss these matters prior to the hearings. Adjourned at 9:50 a.m. Respectfully submitted, __________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

BARNSTABLE LICENSING AUTHORITY OPEN SESSION MINUTES

Town Regulatory Services Building, 200 Main Street, Training Room Hyannis, MA – 9:30 a.m. September 18, 2008

A Special Meeting of the Barnstable Licensing Authority was held on Thursday, September 18, 2008. Present were Martin Hoxie, Chairman; Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Richard Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Town Attorney David Houghton and Christine Ade, Recording Secretary. Mr. Hoxie called the meeting to order at 9:30 a.m. Attorney David Houghton stated that he wanted a better understanding of what we were planning to discuss, as he has been told at the bare minimum we will be talking about strategy and procedure and that Executive Sessions are primarily held when cases are pending. How close is the threat of litigation? If the discussions ensuing are just on procedure there is not a need to go into Executive Session. Mr. Hoxie advised that a citizen had called him regarding the Open Session posted on the Town Board and Website and he had told that citizen it was a meeting for the Licensing Authority only. Paul Sullivan also expressed concern about what that citizen had been told. He was assured by the Licensing Assistant that both the Open Session and Executive Session had been duly posted. Attorney Houghton suggested the Authority move into Executive Session. A motion was duly made by Gene Burman to move into Executive Session. Paul Sullivan seconded the motion based on counsel advice. A roll call vote was taken (Martin Hoxie yes, Gene Burman yes, Paul Sullivan yes) to move into Executive Session for the purposes of discussing strategy with respect to potential litigation.




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Respectfully submitted, ______________________________ ______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Barnstable Licensing Authority Barnstable Licensing Authority



September 22, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, September 22, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Beer & Wine License: Application of Ronald Marcoux, 17 Windlass Lane, Centerville on behalf of the Cathy Fraser Scholarship Fund for a One Day Wine & Malt License for a dinner/fundraiser on September 26, 2008 from 6 pm to 11 pm at Our Lady of Victory Church, Centerville, MA. Mr. Marcoux appeared for his application. The fundraiser will be a dinner for his daughter’s scholarship fund for the Barnstable High School. It will actually run from 6 to 10 – 10:30. It is a donation for the dinner. Christine Ade advised the Board that they have their State Safety Certificate. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Ronald Marcoux, 17 Windlass Lane, Centerville on behalf of the Cathy Fraser Scholarship Fund for a One Day Wine & Malt License for a dinner/fundraiser on September 26, 2008 from 6 pm to 11 pm at Our Lady of Victory Church, Centerville, MA. Extension of Junk Dealer’s License granted 3/17/08: Extension of Junk Dealer license granted 3/17/08 to Carl Marchetti, d/b/a Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for the rest of the license year (9/22/08 - 4/30/09). Mr. Marchetti appeared for the extension of the license until 4/30/09. He stated nothing eventful has happened. There was no comment by the Police Department. There was




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a question as to why the license was until 4/30/09. Mr. Geiler states the statute is for a license from 5/1/ to 4/30 each year. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to extend the Junk Dealer license granted 3/17/08 to Carl Marchetti, d/b/a Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for the rest of the license year (9/22/08 - 4/30/09). Transfer of All Alcohol Innholder License; New Daily Live and Sunday Entertainment Licenses: Application of International Inn, Inc., d/b/a International Inn, 662 Main Street, Hyannis, MA, Arthur Rittell, Manager, for Transfer of its All Alcohol Innholder License to International Inn Bar & Grill d/b/a International Inn, Ravi Ahuja, Manager, and for New Daily Live and Sunday Live Entertainment Licenses, the hours to be 9 pm to 12:45 am weekdays and noon to 12:45 am Saturdays and Sundays. Commissioner Burman recused himself from the hearing. Arthur Rittel appeared – advising his attorney is stuck in traffic on Route 132. Attorney Princi who represented the buyers will proceed first. He stated that the corporation to whom the transfer is requested is a newly formed corporation with a sole shareholder and Manager – Ravi Ahuja. He represented that the motel has a clean file – operated with great integrity and strong diligence in monitoring its operation. The restaurant itself is not a destination restaurant – the seating plan has been provided and the aerial view of parking which is existing has been provided. They are requesting transfer of the Innholder all alcohol license and new entertainment licenses as those were not renewed in 2008. The motel is 147 rooms; dining is 126 seats plus bar seating for 171 total. They cater particularly to tourists and repeat customers. Mr. Ahuja is an architect by trade – has overseen multi million dollar facility purchases. He is very familiar with requirements although not the alcohol phase. He is enrolled in a TIPS program – and will be closing in 15-20 days. He will keep the existing staff in place – Mr. McNulty the present bartender as well as the General Manager will stay on to assist them in the operation. Mr. Ahuja is from Connecticut and will reside on premises at least for the first 6 months. He has owned and operated successful retail businesses as well. The key restaurant people are all TIPS trained and experienced. The application does not seek any changes – it is a straight transfer of the license. The filing provided the P&S with an ownership entity leasing to the corporation to whom the transfer of the license is requested. The required documentation is provided. Mr. Ahuja is licensed in CT and MA as an architect. He is a US citizen. It is their intention today to have Mr. Ahuja take over the motel and kitchen operation for now until the ABCC approval; they would shut down the alcohol operation until such time the approval is received. The entertainment will be karaoke, groups for parties, etc. It has not been used on a 7 day basis – just as needed. That may be the reason he did not renew it this current year. They will be doing additional advertising and this is why they want to have the entertainment licenses. Martin Hoxie asked about entertainment hours – they want 7 days instead of what was advertised.

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Attorney Blank appeared for the International Inn. He stated that Mr. Rittel supports the transfer pending the closing and approval by the ABCC. Mr. Sullivan stated that with the proposed Manager’s lack of experience with alcohol, he would like it reaffirmed that they produce TIPS training for the manager and bartender and schedule all staff to have it as well. A motion was duly made by Paul Sullivan and seconded by Richard Boy and a unanimous vote taken to approve the application of International Inn, Inc., d/b/a International Inn, 662 Main Street, Hyannis, MA, Arthur Rittell, Manager, for Transfer of its All Alcohol Innholder License to International Inn Bar & Grill, d/b/a International Inn, 662 Main Street, Hyannis, and for New Daily Live and Sunday Live Entertainment Licenses, weekdays 9 pm to 12:45, Saturday and Sunday noon to 12:45 am, with Ravi Ahuja being the new Manager, and that the license is approved with the Manager going through TIPS training and that the bartenders and staff also attending same. Change of Manager: Application of SL Uno Hyannis, Inc., d/b/a Uno Chicago Grill, 574 Iyanough Road, Hyannis, MA, Michael Sives, Manager for a Change of Manger on the All Alcohol Common Victualler License to Joshua D. Sylvester. No-one appeared for the change. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the hearing to October 6, 2008 with the Licensing Assistant to notify the applicant. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Big Daddy’s Pizza, holding a Wine & Malt Package Store License, 4120 Falmouth Road, Cotuit, Vincent Holland, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 18, 2008 Big Daddy’s Pizza, holding a Wine & Malt Package Store License, 4120 Falmouth Road, Cotuit, Vincent Holland, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from Big Daddy’s and from the Police Department. Vincent Holland answered he was present and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised Mr.

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Holland we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, the first being July 18th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in

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package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Officer Maher stated that in regard to Big Daddy’s Pizza, the sting was at 8:45. The special officer along with Lt. Jason and myself were in an unmarked car, the way it worked was so they could s that we parked in front of the establishment observe the entrance of the special officer into the establishment. In this case the special officer went inside and up to the counter after picking up a six pack of Bud Lite and purchased that six pack for $6.79 from what he described as a white female clerk with blond hair. Officer Maher stated that after that time he came back outside to their vehicle and they moved on to the next establishment. In each case there was not a lot of time spent in each establishment; just the time spent purchasing the alcohol and that this was straightforward and consistent at each establishment. This is why the guidelines are important for them because with the ABCC, using them as a background guideline the format works; it does not put an undue burden on the license holder to try and weed through what might be a ruse and what might not be a ruse. A person goes in with no ID, looking under 21 and asking to buy alcohol. Mr. Hoxie asked Officer Maher to describe the minor used and his age – Officer Maher stated he is 20 years old, born 3/14/88, 5’9”. The power point presentation he used showed Officer Marshall in the clothing he wore on the first sting night. The guidelines and photo will be put into evidence. He further stated that each night they went out they took a photograph of him and will have these for each hearing. Mr. Hoxie called Mr. Holland to speak. He stated he did attend one of the seminars. They are fully aware of the rules and regulations. He has now instructed his staff (once he received the Show Cause Hearing Notice) to card everyone, no matter how old they look. He stated he does not expect to have to be here again. Lt. Jason added that there has been anywhere from a 5 day to a 3 day suspension in the past on this type of violation. Lt. Jason suggests a one day suspension with retraining of Managers and staff. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings on Big Daddy’s Pizza: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of

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two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations in the 4 years it has had a liquor license. Attorney Houghton stepped forward with two and suggested that on the 5th finding the record reflect in the findings the date of the Licensing meeting where the stings were discussed. He also wanted the date of the Cape Cod Times article where the sting was mentioned, it was 6/26/08 and in the record the date the sting occurred. Mr. Hoxie thanked him and said the record would reflect those dates and asked Lt. Jason to read into record the newspaper article. Office Maher read into record the date was June 26, 2008 and it stated, “Police will also periodically send young people into bars and package stores to see whether employees are checking identification as required by law.” Mr. Burman asked if that would satisfy the record? Attorney Houghton asked if anyone recollected at which meeting the police mentioned they would be having the stings…Lt. Jason asked for a moment to check and Officer Maher stated at the meeting in the “little” hearing room in July. That date was determined to be July 7, 2008. He added for the record that Big Daddy’s Pizza, holding a Wine & Malt Package Store License, 4120 Falmouth Road, Cotuit, Vincent Holland, Manager, did sell alcohol to a minor on 7/18/08. Mr. Sullivan asked where the newspaper ad appeared for the record; Officer Maher replied The Cape Cod Times. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings as amended. A motion was duly made as to guilt by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken that on July 18, 2008 Big Daddy’s Pizza, holding a Wine & Malt Package Store License, 4120 Falmouth Road, Cotuit, Vincent Holland, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions based on the findings: That a 2 day license suspension be imposed with one day to be served on July 18, 2009 and one day of the

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suspension to be held in abeyance for a year (until 7/18/09) to be voided if there is no further Chapter 138 violation prior to that date. Mr. Hoxie stated if there was nothing further he would close this hearing. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 The Raw Bar on Ocean Street, holding an all alcohol common Victualler license, 230 Ocean Street, Hyannis, Elizabeth Westwater, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the notice of hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 The Raw Bar on Ocean Street, holding an all alcohol common Victualler license, 230 Ocean Street, Hyannis, Elizabeth Westwater, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable, and stated that the Licensing Authority will continue this hearing to its 10/6/08 meeting at request of the attorney for the Licensee. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Hyannis Harbor Hotel, holding an all alcohol innholder license, 213 Ocean Street, Hyannis, Gary Scott, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice of hearing stating: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Hyannis Harbor Hotel, holding an all alcohol innholder license, 213 Ocean Street, Hyannis, Gary Scott, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then stated that he would swear in the witnesses here to testify asking them to raise their right hands and swear to tell the truth. The individuals were Lt. JoEllen Jason, Officer Steve Maher and Gary Scott, Manager as well as Ms. Salata.

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Officer Maher asked the Board to stipulate to the Police Department prior presentation with regard to the Sting Guidelines and procedure and the photo of the person used. Mr. Hoxie stated it was so stipulated. Officer Maher went on to testify that on July 18, 2008 at 9:53 pm he and Lt. Jason and the undercover special officer went and parked on the side of the hotel where the Thirsty Tuna is a restaurant and part of the establishment. He stated he watched the undercover officer go up. He stated that the middle staircase had a security officer or whatever he might be called checking ID’s, the other 2 did not. The undercover officer went up the 1st staircase up to the bar and made the purchase of a Bud Lite for $3.50 from a tall white female in her 30’s with blond hair without ever being asked for ID. I then watched him come back down the stairs to our vehicle. Stephanie Salata appeared with Gary Scott, the Manager. She asked about which staircase they went up; she was told the brick one by the fireplace. For the record, she stated that night they had two security doormen checking ID’s, not one. Mr. Geiler asked if the Manager was present; Mr. Scott identified himself s Manager and stated in his 4 years there have been no problems – they are trying to do the right thing. They have been to all the compliance meetings and all the bartenders are TIPS certified. He apologized for the mistake that happened. He did reiterate he hired two doormen every weekend and gave out bracelets to make sure. Somehow this slipped through the cracks and he stated he was very sorry about it. Findings as follows were proposed for Hyannis Harbor Hotel by Mr. Burman and seconded by Paul Sullivan: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there was one violation in the past which was for noise, but no alcoholic beverage violations.

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Attorney Houghton came to the podium and stated he may have might have missed it but did not recollect of the rest of the report got into record, which was that the sting was conducted July 18, 2008, a plain clothes officer used, did it get in? Mr. Hoxie answered that he believes it did get in. A motion was duly made by Paul Sullivan and seconded by Gene Burman and a unanimous vote taken to adopt the findings. Based on the findings, a motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken that on July 18, 2008 Hyannis Harbor Hotel, holding an all alcohol innholder license, 213 Ocean Street, Hyannis, Gary Scott, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day license suspension be imposed with one day to be served on July 18, 2009 and one day of the suspension to be held in abeyance for a year (until 7/18/09) to be voided if there is no further Chapter 138 violation prior to that date. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Blanchard Liquors, holding an all alcohol package store license, 226 Falmouth Road, Hyannis, Donald J. Corey, Jr., Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the notice of hearing as follows: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Blanchard Liquors, holding an all alcohol package store license, 226 Falmouth Road, Hyannis, Donald J. Corey, Jr., Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked the individuals who would testify to raise their right hands and swear to tell the truth at this administrative hearing. Lt. Jason, Officer Maher and Attorney David Lawler raised their hands along with Mr. Corey. Mr. Hoxie asked the Police department to go first. He then asked if Attorney Lawler and Mr. Corey had heard Lt. Jason’s presentation about the sting. Attorney Lawler said that they had.

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Officer Maher advised that on July 18 at 10:48 pm they pulled up to establishment on the side of the building. The undercover officer went inside the building. Buyer went to the cooler and got the 6 pack of Bud Lite brought it to the counter and bought the beer for $5.99 and described to Officer Maher advised that clerk was a short heavy set white female with blond hair and glasses. He came back to the police non-marked vehicle. They witnessed him go into the establishment. The six pack was bagged and tagged as evidence and is at the Police Department. Mr. Hoxie asked Officer Maher if he would introduce as evidence the sting guidelines used and the person who participated in the sting? Officer Maher stated that was correct. Mr. Hoxie then addressed Attorney Lawler. Attorney Lawler asked if they had signed copies of the guidelines; Officer Maher stated they do. Attorney Lawler stated he would not present evidence and obviously they understand the severity of underage people being served. He stated that Don Corey and Blanchard’s consider themselves to be an ally of the police and obviously there was a mistake mad; all employees are TIPS trained. The bottom of the 2nd page of a document entered into evidence and given to Chairman Hoxie explains about their policies for employees and alcohol service. He had a stack of confiscated licenses he showed the Board taken from underage individuals. The sophistication of the counterfeit licenses is unreal. Mr. Corey also has managers on the weekend periodically check the parking lot for young people trying to get people to buy for them. He has participated in the Cops and Shops program where police officers are invited into his store to sell and the minors attempting to purchase are arrested. He also has tried his own young people on attempting buys. They are all TIPS trained and has participated in Mass Package Store Association. He stated it is bad for business to sell to minors. Attorney Lawler did want to comment that the notification phase of the stings is not really fair. Mr. Corey did not find out about it until 3 or so weeks after the sting. He has several employees who may fit those descriptions. He thinks our guidelines, as opposed to the ABCC guidelines, are not fair. An overage officer going in after the stings would be great for the general standpoint of education. From a standpoint of identifying the problem immediately would be better. He mused that perhaps it was because the establishments could then call others to advise the sting was taking place. He finds it difficult to defend the licensee without knowing who and when it happened. He thinks Blanchard’s 8-9 year license with no violation and the licenses they have confiscated show they take it seriously. He said in no way is questioning the integrity of the police. He also stated that Lt. Jason and Officer Maher have been very straightforward and reasonable in the time he has had dealings with them. Mr. Corey represented himself that he has small children and that this in no way is who he is – he apologized and stated he had no defense. Mr. Hoxie asked Officer Maher about the rationale behind the non-notification of the licensee upon completion of the sting. Officer Maher stated that someone might call another licensee to warn them and because they only use ONE individual over three nights; if notified they don’t want the individual being noticed, etc. and it would prohibit

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them doing it on multiple nights. Officer Maher stated they will look into the timeliness of notification of the sales to minors. Attorney Lawler stressed that the notice part is very important. Most caught are very reputable and mistakes are made – the ability to stop it sooner is more important. He offered to meet with the police department to help stop the problem by avoiding these mistakes in the future. As an attorney he finds the non-notification a problem for an attorney to defend a client a month later. He also thinks it is not so much a learning experience if notified so much later. He reiterated that Mr. Corey goes above and beyond in his diligence by sending Managers out to the parking lot and attending and educating his people. Mr. Hoxie thanked Attorney Lawler and stated the Authority will note his concerns. Mr. Geiler stated that he does not want the record to remain this way; he believes there are other reasons as well that these guidelines have been put in place; clearly if the officer went in right after the sting they would have a greater obligation to look at the whole operation as well; that could lead to other violations which probably would be less severe or acute – which is not appropriate at that point. This is a one purpose activity - JUST to do a sting. Beyond that, any time a police officer goes anywhere they could be looking for one thing and uncover something else. If required to respond immediately, even though they have information of other violations, that would be inappropriate. Attorney Lawler suggested certainly at Blanchard’s he cannot think of any other activity that could be going on that would not be appropriate; even if they went in the next morning to advise of the violation would be a help – then there is the ability to react to it. Mr. Hoxie stated he thinks Attorney Lawler’s problem is with the 3-4 weeks and stated the Authority is taking note of that. Officer Maher stated that in speaking with the ABCC and in particular the agents that do the stings, one reason why they do not go right back in to an establishment is because it could cause a conflict in the establishment. The employee (clerk) has nothing really to do with the manager of the establishment. He stated to walk right back in would not be constructive to just tell a clerk – they need the Manager. He did admit it would be helpful to notify within a smaller timeframe. Attorney Lawler suggested they return the next morning and ask for the manager or turn around and mail something certified the next day. He stated that in this instance, the employee they think was the one is no longer employed with the company, but his is not positive so can’t make that representation. He stated they are not trying to avoid punishment but to be an ally. Lt. Jason suggested since they went under the guidelines presented as part of the record, the notification phase might be addressed at a different time, certainly with their input, as it is not really appropriate at this time. She said the problem is duly noted and will be looked into. Attorney Lawler stated he knew these officers didn’t draft the guidelines but are just following what they have in front of them.

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Mr. Hoxie recognized Commissioner Sullivan who stated it was a very good point Attorney Lawler raised. He advised that Attorney Lawler made another comment about the ability to stop this drinking and brought forth the issue of all these very sophisticated ID’s with computers. He stated there is also in the law provisions where people who have falsified these are subject to fines and maybe that is something that should be brought up. And discussed somewhere along the line but in our particular case in the stings nobody asked for ID. Attorney Lawler stated he had brought the IDs to show that at Blanchard’s an offense of this type is out of the ordinary. A motion was duly made for findings with regard to Blanchard’s Liquors by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Paul Sullivan and seconded by Gene Burman and a unanimous vote taken to adopt the findings as proposed. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt with respect to the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions for Blanchard Liquors, holding an all alcohol package store license, 226 Falmouth Road, Hyannis, Donald J. Corey, Jr., Manager, that there be a suspension for two days, one day of which is to be served and the other held in abeyance until that date provided there are no further Chapter 138 violations. Mr. Hoxie stated that the suspension date is one year from the date of the violation, July 18, 2009.

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Attorney Lawler argues that the date is a Saturday in July, which is a severe sanction. If they could serve two days during the week …it is just that the one year time is awful. It is hard enough for these businesses to survive in Cape Cod and asks that a midweek suspension be imposed. Mr. Hoxie stated that has been our policy to date and stated he did not think they were going to change their policy, although he understands his concerns. Mr. Hoxie closed this hearing. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Harry’s, holding an all alcohol common Victualler license, 350 Stevens Street, Hyannis, Letitia Durham, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the notice of hearing as follows: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Harry’s, holding an all alcohol common Victualler license, 350 Stevens Street, Hyannis, Letitia Durham, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie asked that all witnesses raise their right hands and be sworn to tell the truth during this administrative hearing. Lt. Jason, Officer Maher and Fred Durham, husband of Letitia Durham, Manager, appeared as she was ill today, and were sworn in. Officer Maher stipulates again to all of the testimony given at the beginning of today’s meeting regarding the sting guidelines used, the advertising, the meetings held and the young officer used in the sting on 7/18/08. He then testified that on 7/18/08 at approximately 11:12 pm, they observed the officer go to the fro door where he was asked for the cover charge of $5.00. We then watched him enter the premises and a short time later he came out saying he had purchased a Bud Light for $6.00 from a white male in his mid forties and returned to the vehicle. Officer Maher made a point to bring up that in 2004 Harry’s had a violation but in keeping with the idea that this operation is a learning tool, the police department has had no problems with Harry’s and want that to be on record. Mr. Hoxie asked if he suggested the same sanctions as the others even though there was a previous violation and Officer Maher agreed. Mr. Durham stated all the bartenders and doormen are now TIPS trained and they have instituted a new policy of stamping the hands at the door so they have a double check on the patrons. He said they get pretty busy on a Friday night and they rely on the doormen as it is hard for the bartenders to check ID’s. The doorman at that time has

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been with them for a while, is very diligent employee – he is surprised and embarrassed the officer got by him. He stated he himself is there on Friday’s and immediately thought it might have been him who was not diligent enough. He repeated they now have a double system in place and believe that will be foolproof. He also stated he normally has an older crowd which he prefers. Mr. Burman asked the question – saying they have 2 people on the front door; Mr. Durham said they do. And both officers paid the cover charge and were not asked for ID? Mr. Durham stated he did not understand it. He asked if the of age officer accompanying the special underage officer drinks around here? Officer Maher stated he does not. Mr. Durham replied he honestly does not know how he got in then. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings for Harry’s that: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there was a prior violation about 4 years ago but Officer Maher spoke on their behalf suggesting they receive the same sanctions as the other restaurants. A motion was duly made by Paul Sullivan to adopt the findings with the modification for clarification that this happened at 11:12 pm, seconded by Gene Burman and a unanimous vote taken to adopt the findings as presented. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt based on the findings. A motion was duly made by Gene Burman based on the testimony and findings and seconded by Paul Sullivan and a unanimous vote taken as to sanctions for Harry’s, holding an all alcohol common Victualler license, 350 Stevens Street, Hyannis, Letitia Durham, Manager,: that there be a suspension for two days, one day of which is to be served and the other held in abeyance until that date provided there are no further

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Chapter 138 violations. Mr. Hoxie stated that the suspension date is one year from the date of the violation, July 18, 2009. Mr. Burman stated he would have made a different motion had not the police officer recommended the same sanctions. Mr. Hoxie closed the hearing. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 La Paz Surf Cantina, holding an all alcohol common Victualler license, 573B Main Street, Hyannis, Sean Downes, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice as follows: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 La Paz Surf Cantina, holding an all alcohol common Victualler license, 573B Main Street, Hyannis, Sean Downes, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie asked the witnesses who will testify, Lt; Jason and Officer Maher and John Downes, Owner. Officer Maher again stipulated as to everything presented in the power point presentation and background information presented by the police department. Officer Maher stated that on July 18th at 11:28 pm , myself, Lt. Jason and the plain clothes officer went to La Paz Surf Cantina. Officer Maher said in this case he stood down the street and observed the undercover walk into the establishment. After he came out he advised Officer Maher he had purchased a Bud Lite from a tall white female for $4.00. Mr. Downes had only one question – he said it rained a lot that night and he was wondering if the doorman was inside or out; Mr. Downes stated he had brought his doorman inside. Officer Maher stated the doorman was not outside. Mr. Downes also said that by the time he was served with the notice of hearing which he is still horrified about, he had fired 2 employees 2 weeks earlier for not checking ID’s; he was shocked that this happened. He cannot determine who it was because of the time factor of notification as 95% of their seasonal employees were already gone by that time. He was unable to determine where the breakdown happened after the fact – if it was the doorman or bartender. He stated for the record that he takes full responsibility but unfortunately cannot determine where it happened. Mr. Hoxie stated that we will be

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looking into this problem and working on it with the police. He then asked Mr. Burman for findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings on La Paz Surf Cantina: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there were warnings in the past for overcrowding and passing a drink. A motion was duly made by Paul Sullivan and seconded by Gene Burman and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt: A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions for La Paz Surf Cantina, holding an all alcohol common Victualler license, 573B Main Street, Hyannis, Sean Downes, Manager: that there be a suspension for two days, one day of which is to be served and the other held in abeyance until that date provided there are no further Chapter 138 violations for the year from the incident. He stated that the suspension date is one year from the date of the violation, July 18, 2009. Mr. Hoxie closed the hearing. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, Asa Grill & Reputation, holding an all alcohol common Victualler license, 415 Main Street, Hyannis, Mollie Lehane, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7,

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paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice: The Barnstable Police Department has reported to the Licensing Authority that on July 18, Asa Grill & Reputation, holding an all alcohol common Victualler license, 415 Main Street, Hyannis, Mollie Lehane, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie swore in the witnesses including Attorney Lawler, Lt. Jason and Officer Maher as well as Shane Pacheco and Mollie Lehane. Officer Maher again stipulated to the presentation made by the police department at the commencement of the meeting. Officer Maher stated that on July 18th at 11:40 he, Lt. Jason and the undercover officer went up to the Asa Grill. Steve stood at the entrance to the library near the JFK Museum and watched him walk on the grassy area between the library and the Asa Grill into the patio area and then into the bar. Some time later he exited and told Officer Maher he had purchased a Bud Lite beer for $3.00 from a tall white male bartender with short black hair. Attorney Lawler asked Officer Maher if it was the main entrance. He answered there are two entrances but no it was not the main one. Officer Maher stated he also wanted to bring up that the previous weekend he had mentioned to security there the possibility of somebody could gain access that way without being carded. Attorney Lawler asked if that was an area where someone could sneak in? Officer Maher stated yes. Attorney Lawler asked if it was pouring rain at the time and Officer Maher stated no, it had stopped raining. Attorney Lawler asked if they went in the slider; Officer Maher stated they did not, they went in the main door as you look at the building. Attorney Lawler asked if it is behind where the doormen check ID’s and Officer Maher stated yes but he saw several employees standing around that area and was quite surprised no-one stopped these people. Attorney Lawler stated this is a special case; and again the month between the sting and the notice caused a substantial problem for his client in identifying how it happened and who was there. He said that this was a case where the underage person had to deliberately sneak in he side way through bushes unlike the prior hearing where the individual went to the doorman and was let in. He said that there were 9 or so security personnel on duty. He asked how long the sting takes – Officer Maher states just about 6 minutes. He advised the Board that he had notified the restaurant staff the week prior that this area was a place someone could sneak in and a potential problem. On this particular night as it had recently stopped raining, there weren’t many people outside – there were more staff people than anything else. He said again that he was surprised no-one stopped the young officer.

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Attorney Lawler stated they confiscate fake ID’s; he has a few dozen. Everyone is TIPS trained. They worked with Jamie Binenda from the ABCC. Also they actually ran their own security sting which caught some people. He stated they must have not checked the back door. This was very close to midnight and reason to believe it went over midnight by completion of the sting so he is requesting suspension next year on the 19th. Mr. Hoxie stated, “Nice try!” Attorney Lawler again stated the applicant has a good record and is really trying to do the right thing. He stated it is a security problem, not a carding problem. Mr. Hoxie stated this points put the awesome responsibility of license holders because they have to be aware to check IDs at the door but also the ingenuity being used by underage drinkers to gain access to a place with entertainment. Mr. Geiler asked for clarification, how is this a security issue and how is this not a carding issue as the individual did not come in the front or pay the cover charge. Attorney Lawler stated they run hand in hand; someone came in from eh side alleyway over the grass and through the bushes – there is a cover charge they want people to be paying and also want to make sure everyone is 21 or older. Sop what happened here apparently is that it was a rainy night, the patio is usually full, and the underage officer essentially doing his job tried to act as an underage person sneaking into an establishment and was successful in doing so. He says this is not a carding issue as no-one is carded at the patio, they would be told to leave. Mr. Geiler stated he understood that but you heard the officer stated he entered though the front door after coming from the side. Officer Maher said it was not an alleyway – he clearly crossed the lawn in view of everyone outside and entered the front door. The issue is that if somebody has a doorman, it is the doorman’s responsibility to check ID but ultimately it is the person pouring the drink who is responsible. It was the bartender who did not card him to make sure he was over 21. That doesn’t take the responsibility away from the bartender. Attorney Lawler stated again if someone is thought to be underage they are carded but the area where they card is in front of that. I am not questioning the police report – I believe everything in it is accurate. Again, the same argument – the issues we talked about before. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings with regard to the Asa Grill and Reputation on July 18, 2008: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in

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the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions for Asa Grill & Reputation, holding an all alcohol common Victualler license, 415 Main Street, Hyannis, Mollie Lehane, Manager: that a suspension of 2 days be imposed; one to serve on 7/18/09; one to be held in abeyance until 7/18/09. Mr. Hoxie thanked Attorney Lawler. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Hannah’s Fusion Bar & Bistro, holding an all alcohol common Victualler license, 615 Main Street, Hyannis, Binh Phu, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 Hannah’s Fusion Bar & Bistro, holding an all alcohol common Victualler license, 615 Main Street, Hyannis, Binh Phu, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable.

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He then asked the witnesses to arise their right hands asking if they promised to tell the truth at this administrative hearing. Binh Phu and Ptl. Maher and Lt. Jason were sworn in. Ptl. Maher asked Mr. Phu to stipulate to the power point presentation as to the procedures and conducting of the sting and the individual used. Mr. Phu so stipulated. He then testified that on July 18th at 11:30 pm, he and Lt. Jason and the undercover special officer parked in the parking lot across from Hannah’s. I observed him enter Hannah’s. He went up to the bar and purchased a Bud Lite for $4.00 from a short Asian male in his 30’s. Again I observed him come out of the bar and he came back to our vehicle. Mr. Hoxie asked Mr. Phu if he had any questions for the officer. Mr. Phu asked Officer Maher if there were two gentlemen coming in and was told that yes, there were; he asked for the record it be noted the beer was not $4.00. He then said he didn’t mean that to be funny or disrespectful. He was very disappointed to hear of this violation. He has had previous violation; the employee on duty for the first violations was dismissed. He makes no excuse and does not try to justify this. There is no reason to serve underage people for the few dollars – they are trying to work with the [police to be the “police” of the establishment. It is his policy to ID all – he is very disappointed in himself. When he received our letter he was trying to recreate what happened on that date - opening up that day’s work and it was a problem trying to remember the event exactly. According to his records it was very busy that night. He asked the time – Officer Maher stated 11:20. He stated they were trying to catch up on cleaning up, etc. He did recall a beer on the counter with no-one drinking it. That makes sense as to what the violation represents. He believes he remembers one of the 2 men who came in went to the bathroom, the other ordering. He said he makes it a point to card everyone. Perhaps it was after the 2nd man came out he neglected to card the 2nd one. He did not recognize the person in the power point presentation. Mr. Phu stated that a lot is going on in his life as well but stated there is no excuse, we are all humans and he made a mistake. He will take the consequences. He is very concerned as there is a past violation. The last sentencing was after 7/18 on those past violations. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings on Hannah’s Fusion Bar & Bistro: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend

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and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there were two violations recently including one for underage drinking. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt. Mr. Hoxie asked Officer Maher for his recommendations and Officer Maher replied that unfortunately since there are other violations recently although he understands there is a lot going on in Mr. Phu’s life right now, he is the Manager of record and served to an underage person so he can’t support him as he did some others at this meeting. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions for Hannah’s Fusion Bar & Bistro, holding an all alcohol common Victualler license, 615 Main Street, Hyannis, Binh Phu, Manager: that there be a 6 day suspension with 3 days to be served as of 7/18/09 and three days to be held in abeyance for a year, to be voided if there are no further Chapter 1`38 violations in the interim. Mr. Sullivan stated at Mr. Hoxie’s request if there was any discussion on the motion that he really feels the suspension is adequate even though a very short time prior to this there was another serving of a minor. He states he hopes the proprietor can manage to survive this but it is really something we should pay attention to. Mr. Burman praised the Barnstable Police Department handled this very well; we have had some suggestions made by the Licensees that he thinks we should discuss in detail. Basically our job is to enforce the Regulations of the Town of Barnstable and the Licensee is to do the same. If they don’t, it is the responsibility of the Police Department to get out there and enforce. He thanked Mr. Houghton and Mr. Geiler for their assistance. Mr. Sullivan commented as well, having gone on a ride along, praised the Barnstable Police as doing an admirable job. He stated to Mr. Phu that he has heard he runs a fine establishment and asked the Licensee to please not go away with a bad attitude, this needs to be done today but we would be glad to try to help him in any way. Mr. Hoxie closed this hearing. Business Meeting:

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Mr. Hoxie brought brought up the subject of a discussion regarding the 38 establishments who did ask the individual for his identification and they did exercise due diligence. Mr. Burman has mixed emotions about sending out commendations for doing their jobs. Mr. Hoxie mentioned that Lt. Jason had requested letters be sent tot hem. Lt. Jason thinks it is responsible to do inasmuch as the attorney has pointed that out to us, it helps them in their learning experience to know they were tested and found in compliance; it is NOT a congratulations but a notice they did exercise due diligence . She went on to say that the ABCC does this. Mr. Sullivan asked if in lieu of letter – w could post on the Town website the names of those in compliance on each date. Mr. Hoxie asked that Lt. Jason read the list of names and dates for these minutes. Lt. Jason announced that as to the sting conducted on 7/18/08, there were 10 establishments in compliance: Cotuit Liquors The Mallory Dock The Quarterdeck Shanghai Chinese Restaurant Christy’s (Package Store) on Ocean Street The Dockside The Dennis F. Thomas Post #2578 (V.F.W.) TGI Friday’s Bobby Byrne’s Restaurant & Pub Kian n Rylee’s Pub & Patio. On 7/26/08 there were 13 establishments in compliance: The Barnstable Bottle Shoppe Jack’s Pizza Bud’s Place Parker’s Liquors Mike’s Pizza Sam Diego’s Luke’s Super Liquors Willow Tree Market Trader Ed’s Pufferbellies The British Beer Company The 19th Hole Tavern Schooner’s Before reading the last group, Lt. Jason stated that they tried to do a cross section of about ½ all the licensed establishments of all types – common victuallers, innholders, clubs, general on premise and package stores – there are a total of around 130 licenses establishments and they visited about half of them

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On 8/16/08 the following 15 establishments were in compliance: Spanky’s Clam Shack Tommy Doyle’s Baxter’s Boathouse The 99 Restaurant Kettle Ho Up the Creek Again The Elbow Room Tiki Port Fresh Ketch The Duck Inn Pub Colombo’s Café & Pastries RooBar Gringo’s Puff the Magic Ardeo on Main. Mar. Hoxie asked if we are in agreement that a letter be sent by the Licensing Authority? Lt. Jason also requested it be posted on the website. More discussion took place and it was determined the “letter” is not needed. Mr. Geiler brought up a that one day beer & wine license was approved at the last meeting to be held over at the airport. He mentioned that that particular applicant at the time did not have the State Fire Safety Certificate issued by the Building Department and signed by the Fire Chief. There was a discussion with the applicant and urged them to be sure they followed through on this as the license could not be issued until such time as that certificate was in the hand of the Licensing Authority; that’s the law. He thought the Licensing Authority had done a good job of making that clear to the Licensee. However, come the day of the event, we did not have the certificate, no representation from the building department nor the fire department that they had even been contacted to inspect. We notified the airport that we were not able to issue that license but that the event that day which was a catered function could take place as it did not require a permit from the town but the alcohol license was NOT going to be issued. The day following the head of the event I had a conversation with a representative of the group who was quite upset they were notified so late. I advised him I didn’t think they were notified late at all; they were notified right at the time of what they needed to do. I know that our office made several calls to try to get someone to move this along but the document we need we did not get. The alcohol did not go forward and people were very unhappy. Mr. Geiler stated he believes the advice of the Authority did more than they are required to do in this effort to get this issued and that the applicant certainly did less than they were required to do. Mr. Hoxie asked that the Chicago UNO Grill hearing be continued at the request of until 10/6/08.

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Mr. Hoxie wrapped the meeting up by praising the police department for conducting the sting and for very professional, credible testimony. Meeting was adjourned at 11:30 a.m. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



October 6, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, October 6, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Wine & Malt and One Day Entertainment License: Application of Marilyn Fuller, The Sturgis Library, P.O. Box 606, Barnstable, MA on for a One Day All Alcohol License and a One Day Entertainment License for a raffle and cocktail party with a live band (2 members) on October 26, 2008 from 3 pm to 6 pm at the library, 3090 Main Street, Barnstable, MA. Lucy Loomis appeared for this application; it will be an auction rather than a raffle. They have had them before. She represented it was not going to be a raffle after all but an auction. Ms. Loomis asked for fees to be waived. Mr. Burman asked it be waived and Mr. Sullivan seconded the motion. There was a unanimous vote to approve the fee waiver. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Marilyn Fuller, The Sturgis Library, P.O. Box 606, Barnstable, MA on for a One Day All Alcohol License and a One Day Entertainment License for an auction and cocktail party with a live band (2 members) on October 26, 2008 from 3 pm to 6 pm at the library, 3090 Main Street, Barnstable, MA.




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One Day Wine Only and One Day Entertainment License: Application of Bernie & Phyl’s, 20 Airport Road, Hyannis, MA, for a One Day Wine Only and One Day Entertainment License for its store Grand Opening and TV Diner Viewing Party with Billy Costa, NECN’s TV Diner with DJ Rich from NECN & TV Diner on October 11, 2008 from 5 pm to 7 pm at the store with drawings for gift certificates and meet & greet opportunities for the public with Bernie & Phyl Rubin and Billy Costa. Tim Resmini appeared for Bernie & Phyl’s as Manager of the store. They will serve wine and lobster rolls. Professionals will serve the alcohol. They have done a lot of advertising. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Bernie & Phyl’s, 20 Airport Road, Hyannis, MA, for a One Day Wine Only and One Day Entertainment License for its store Grand Opening and TV Diner Viewing Party with Billy Costa, NECN’s TV Diner with DJ Rich from NECN & TV Diner on October 11, 2008 from 5 pm to 7 pm at the store with drawings for gift certificates and meet & greet opportunities for the public with Bernie & Phyl Rubin and Billy Costa. One Day Wine & Malt License: Application of Demetrius Atsalis on behalf of The Atsalis Committee, P.O. Box 283, West Hyannisport, MA for a One Day Wine & Malt License for a fundraising event to be held at the building owned by Hyannis Harbor Tours, Inc., in the 2nd floor Harbour Room on October 23, 2008 from 5:30 pm to 7:30 pm. Martin Reilly appeared for Mr. Atsalis for the one day event being held at HyLine Building on the second floor. There will not be a charge of the alcohol – it will be dispensed by a qualified individual. Christine Ade advised we have the State Safety Certificate required for this room at the HyLine building. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Demetrius Atsalis on behalf of The Atsalis Committee, P.O. Box 283, West Hyannisport, MA for a One Day Wine & Malt License for a fundraising event to be held at the building owned by Hyannis Harbor Tours, Inc., in the 2nd floor Harbour Room on October 23, 2008 from 5:30 pm to 7:30 pm. Class I Auto Dealer: Application of Yarmouth Road Inc., d/b/a Premier Cape Cod, Joseph Laham, Manager, 460 Yarmouth Road, Hyannis, for a New Class I Auto Dealer License, the hours of operation to be 8:00 am to 8:00 pm, with 696 total spaces including customers and employee parking. Mr. Laham is just adding the Chrysler Dodge franchise to this license. Will now have Premier Jeep, Premier Hyundai and & Dodge Chrysler as Premier Cape Cod with 696 spaces.

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Yarmouth Road Inc., d/b/a Premier Cape Cod, Joseph Laham, Manager, 460 Yarmouth Road, Hyannis, for a New Class I Auto Dealer License, the hours of operation to be 8:00 am to 8:00 pm, with 696 total spaces including customers and employee parking. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm. Attorney James Connors appeared with his client, Mr. Ferreira. This application has been continued for some time. Mr. Hoxie read a message asking for a one month continuance with no further continuances as requested by our Town Attorney to November 17, 2008. For the record Attorney Connors asked that the town seek no further continuances, but if Mr. Ferreira has any health issues they are free to ask for another continuance. It was continued to 11/17/08 and the Authority agreed that it could be continued if Mr. Ferreira had further health issues. New Lodging House License: Application of Thomas A. Nortz and Richard Garceau, Jr., d/b/a The Captain David Kelley House, 539 Main Street, Centerville, MA, Thomas A. Nortz and Richard Garceau, Jr., Managers, for a New Annual Lodging House License. Mr. Nortz and Mr. Garceau came forward – they advised it is an existing 6 unit lodging house. The current license has granted 7 rooms. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Thomas A. Nortz and Richard Garceau, Jr., d/b/a The Captain David Kelley House, 539 Main Street, Centerville, MA, Thomas A. Nortz and Richard Garceau, Jr., Managers, for a New Annual Lodging House License with no changes from the previous license as presented for 7 rooms. Change of Manager: Application of SL Uno Hyannis, Inc., d/b/a Uno Chicago Grill, 574 Iyanough Road, Hyannis, MA, Michael Sives, Manager for a Change of Manger on the All Alcohol Common Victualler License to Joshua D. Sylvester. Mr. Sylvester advised he is taking over – has been there since 2000. Mr. Sives has left the company. He is Serv Safe certified. Has been in Burlington, VT and another location and here for 2 years. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of SL Uno Hyannis, Inc., d/b/a Uno Chicago Grill, 574 Iyanough Road, Hyannis, MA, Michael Sives, Manager for a Change of Manger on the All Alcohol Common Victualler License to Joshua D. Sylvester.

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Show Cause Hearing: Show Cause Hearing on Sea Street Market, 231 Sea Street, Hyannis, Jennifer Cullum, Manager, holding a Wine & Malt Package Store License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008 Sea Street Market, 231 Sea Street, Hyannis, Jennifer Cullum, Manager, holding a Wine and Malt Package Store License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised Ms. Cullum we would hear from the Police Department first and that she would have a right to question the police and then testify on her behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They visited approximately 88 businesses on the stings. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this

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one being July 26th. They abided by the Sting Guidelines adopted by the Board a month or so ago. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. In the midst of those sessions they went over the sting guidelines (attached to these minutes and shown in his power point presentation). They went over how they would accomplish a sting and what they would do once they went to their establishments, down to the letter of how it would happen. All who attended were informed and shown the specific guidelines and how they would be used. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department (they check before he goes out). He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. He stated this is a learning tool; they want to keep lines of communication open. He read his report into the record for this establishment: On Friday, July 26, 2008 at 2028 hrs myself with Lt. Jason and two Officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of the Sea St. Market at 231 Sea Street. Following the guidelines of the Massachusetts Alcohol Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the store and Officer Marshall purchased one six pack of Bud Lite for $6.29 from a young white female clerk with red hair and glasses. Officer Warmington witnessed the transaction. The six pack of Bud Lite was secured by Officer Warmington as evidence. At the completion of the operation the evidence was tagged and placed in the Sally port closet locker #78. Ms. Cullum stated it seems very straightforward. She said she hires people to work in the store – she had two red-heads with glasses. She believed one of them to be responsible. She also told her employees to call her upstairs if she ever had any questions (Ms. Cullum lives upstairs and is not always in the store). She was also surprised to read about herself in the paper. She doubted one particular employee and was looking for a reason to fire her, but as she did not know about this she did not fire her. She is disappointed that she had to be served later than it appeared in the paper.

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She stated that she called Officer Maher to ask specifics; it is embarrassing to her – she lives there and this is her livelihood. Mr. Hoxie stated the concerns raised will be addressed in future as to notification. She also said she has cameras in the store which cycle every month – she could not go back to check it. She wishes she had a chance to address it sooner. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings as proposed. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of Sea Street Market, 231 Sea Street, Hyannis, Jennifer Cullum, Manager, holding a Wine & Malt Package Store License on July 26, 2008 of violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable on July 26, 2008. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: A two day suspension was imposed; one day to serve on July 26, 2009 and the second to be held in abeyance for one year pending any further Ch 138 violations in the interim.

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Show Cause Hearing: Show Cause Hearing on Cape Cod Package Store, 1495 Falmouth Road, Centerville, John Pendergast, Jr., Manager, holding an All Alcohol Package Store License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008 Cape Cod Package Store, holding an All Alcohol Package Store License, 1495 Falmouth Road, Centerville, John Pendergast, Jr., Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from Cape Cod Package Store and from the Police Department. Attorney Doug Murphy and Andrea Pendergast answered as being present for the hearing and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised we would hear from the Police Department first and that they would have a right to question the police and then testify on their behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually

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conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th. He asked that the Licensee stipulate to the powerpoint presentation. Attorney Murphy did stipulate to the presentation but not to substantial compliance. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Ptl. Maher read his report into record: On Friday, July 26, 2008 at 2048 hrs myself with Lt. Jason and two Officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of Cape Cod Package Store at 1495 Falmouth Road. Following the guidelines of the Massachusetts Alcohol Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the store and Officer Marshall purchased one six pack of Bud Lite for $5.99 from a tall, older white male clerk with white hair and a goatee. Officer Warmington witnessed the transaction. The six pack of Bud Lite was secured by Officer Warmington as evidence. At the completion of the operation the evidence was tagged and placed in the Sally port closet locker #78. Attorney Murphy asked if Officer Marshall was accompanied into the store – Officer Maher stated Officer Warmington accompanied him into the store. Attorney Murphy asked how close that Officer Warmington was to the other officer – Ptl. Maher answered in his vision. Attorney Murphy asked why the report was “amended” – Officer Maher stated because he may have started it one day and finished it another day. The system then marks the report amended. Attorney Murphy asked if Officer Maher could go over the securing of the alcohol – Officer Maher stated Officer Warmington secured it and told him he had done so.

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Attorney Murphy stated this store has been at this location since the 40’s – in excess of 20 years ago there was an offense but has been none since. The store is a family store. He stated for the record that Mr. Pendergast apologized in a letter for his inability to be here as is out of state but his daughter, the Manager, is here in his stead. Attorney Murphy stated they have repetitive training for employees emphasizing the importance of checking ID’s; failure to do it must have been a lack of concentration – not intentional not to check the ID. They have the store monitored – outside as well, to make sure minors are not hanging around trying to get someone to buy for them. They have now created new signage stating you will be checked if you appear under 40 years of age. He also expressed concern as to the follow-up of the sting – as a serious matter, that it be addressed quickly and also so they can ascertain what exactly did occur. The proprietor was left in the dark and found out in the paper what happened. In the interim, if the same person was not spoken to, it could happen again and again. He stated the manager of each store, whose address, phone number and contact information is of record with the Board, is readily available to the police department., and that they should have contacted the managers to advise them they had failed this sting. They had the tools. In some cases, as he has heard in other cases here, some of the “summer employees” are not even employed here. He also stated the Officer involved is not even here to question. They do not represent that the incident did not happen and apologized for it, but ask that the police department advise the proprietors quickly. Ms. Pendergast stated that she and her family take this very seriously and do not take the fact that it happened to them lightly. They make every effort to uphold the law. The employees attend training outside the facility at a State package Store run seminar. She also stated they reviewed their ID policies which were in place, have set up retraining in November for all employees, and expressed that it was very humbling. Lt. Jason felt compelled to speak up, saying she recognizes this store as being a very good store. She said she strongly disagreed however in the allegation that the sting and followup were handled improperly. She stated it started out small – grew as they recognized the problem was widespread. She agreed 5 weeks is a long time to receive notification but stated the timeframe involved included different offices and paperwork – she said in no case were the establishments served after Labor Day. She stated she did recognize the timeframe being too long to notify the establishments. Mr. Sullivan recognized the timeframe of the notification but stressed that the police department held two sessions in which they told everyone what would be happening with the future stings. It bothers him that so many places were caught. He praised the police department for their educational seminars and stated this is a good learning situation for all involved. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person

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used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there was one prior violation about 22 years ago. Mr. Burman mentioned that the Attorney did a fine job in pointing out the points the Board needs to work on. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings as proposed. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of Cape Cod Package Store, 1495 Falmouth Road, Centerville, John Pendergast, Jr., Manager, holding an All Alcohol Package Store License that on July 26, 2008 it was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: Suspension of 2 days was imposed; one to serve on July 26, 2009 and one to be held in abeyance pending any further Ch. 138 violations prior to that date. Show Cause Hearing: Show Cause Hearing New England Pizza #1, 187 W. Main Street, Hyannis, Nicolaos Kantzelis, Manager, holding a Wine & Malt Common Victualler License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable.

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Mr. Hoxie read the hearing notice that on July 26, New England Pizza #1, 187 W. Main Street, Hyannis, Nicolaos Kantzelis, Manager, holding a Wine & Malt Common Victualler License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from New England Pizza and from the Police Department. Mr. Kantzelis answered he was present and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised Mr. Kantzelis we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their

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establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Ptl. Maher read into record the report of this incident: On Friday, July 26, 2008 at 2103 hrs myself with Lt. Jason and two Officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of New England House of Pizza at 187 West Main Street, Hyannis. Following the guidelines of the Massachusetts Alcohol Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the establishment and Officer Marshall went up to the counter and ordered a Bud Lite. Officer Marshall was told by a white female clerk in her mid thirties with blond hair that he could not just buy a beer and suggested that at a minimum he purchase a small bag of chips in order to purchase the beer. Officer Marshall did so and was not asked for any identification. Officer Marshall purchased one Bud Lite beer for $3.50 plus the bag of chips. Officer Warmington witnessed the transaction. Mr. Kantzelis stated they never received notice of the seminars on June. He says he has run a good business there; he stated it was a summer employee; when he got the letter the person was already gone. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed,

13

questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of New England Pizza #1, 187 W. Main Street, Hyannis, Nicolaos Kantzelis, Manager, holding a Wine & Malt Common Victualler License, that on July 26, 2008 it was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day suspension be imposed with one day to be held in abeyance pending no further Ch 138 violations; to be served on July 26, 2009. Show Cause Hearing: Show Cause Hearing on Hyannis Package Store, 775 Main Street, Hyannis, Donald M. Burch, Manager, holding an All Alcohol Package Store License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008 Hyannis Package Store, 775 Main Street, Hyannis, Donald M. Burch, Manager, holding an All Alcohol Package Store License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from Hyannis Package Store and from the Police Department. Phil Boudreau appeared with Don Burch and Corey Fitzgerald and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and

14

answered yes. Mr. Hoxie advised them we would hear from the Police Department first and that they would have a right to question the police and then testify on their behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in

15

package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Officer Maher read the report into record of this incident: On Friday, July 26, 2008 at 2114 hrs myself with Lt. Jason and two Officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of Hyannis Package Store at 775 Main Street, Hyannis. Following the guidelines of the Massachusetts Alcohol Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the store and Officer Marshall purchased one six pack of Bud Lite for $6.19 from a short male clerk with brown hair in his twenties. Officer Warmington witnessed the transaction. The six pack of Bud Lite was secured by Officer Warmington as evidence. At the completion of the operation the evidence was tagged and placed in the Sally port closet locker #78. Attorney Boudreau stated that now every employee is now registered for November and December programs regarding alcohol service. Mr. Burman asked how many years they have been open; he was told at least since 1943. Attorney Boudreau had to comment A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations over a very long period of time. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of Hyannis Package Store, 775 Main Street, Hyannis,

16

Donald M. Burch, Manager, holding an All Alcohol Package Store License of being in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: that on July 26, 2008 it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day suspension be imposed; 1 day to be served July 26, 2009 and the other to be held in abeyance pending any further Ch. 138 violations. They asked if they could still be open to serve food without alcohol. Mr. Geiler stated the motion did not state that. Ptl. Maher stated that all the restaurants cited were suspended – meaning closed altogether during the suspension Show Cause Hearing: Show Cause Hearing on Willow Package Store, 696 Yarmouth Road, Hyannis, Ed Rosario, Manager, holding an All Alcohol Package Store License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008 Willow Package Store, 696 Yarmouth Road, Hyannis, Ed Rosario, Manager, holding an All Alcohol Package Store License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from Willow Package Store and from the Police Department. Ed Rosario answered he was present and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised Mr. Rosario we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the

17

Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Ptl. Maher asked Mr. Rosario to stipulate as to the guidelines and advertising in the paper. Ptl. Maher read the report into record: On Friday, July 26, 2008 at 2147 hrs myself with Lt. Jason and two Officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of Willow Package Store at 696 Yarmouth Road, Hyannis. Following the guidelines of the Massachusetts Alcohol

18

Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the store and Officer Marshall purchased one six pack of Bud Lite for $6.29 from a white male clerk in his late 50’s, balding with white hair on the sides. Officer Warmington witnessed the transaction. The six pack of Bud Lite was secured by Officer Warmington as evidence. At the completion of the operation the evidence was tagged and placed in the Sally port closet locker #78. Mr. Rosario expressed concern as to the violation – and why they were not notified right after the sting took place. He wondered why immediately after they were not contacted. He stated all the employees are BAT trained; the employee who is mentioned has been to the training 4 times and was very surprised it happened to him. Mr. Hoxie stated it has been duly noted as to non-notification immediately after the sting took place. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of Willow Package Store, 696 Yarmouth Road, Hyannis, Ed Rosario, Manager, holding an All Alcohol Package Store License that on July 26, 2008 it was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of

19

Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day suspension be imposed; with 1 day to serve on July 26, 2009 and the other to be held in abeyance pending any other Ch. 138 violations prior to that date. Show Cause Hearing: Show Cause Hearing on Mini Food Market, 252 Main Street, Hyannis, Muatsim Chaudry, Manager, holding a Wine & Malt Package Store License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008 on Mini Food Market, 252 Main Street, Hyannis, Muatsim Chaudry, Manager, holding a Wine & Malt Package Store License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from Mini Food Mart and from the Police Department. Attorney Paul Tardif answered he was present with Mr. Chaudry ‘s brother and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised them we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they

20

are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Officer Maher read the report into record: On Friday, July 26, 2008 at 2216 hrs myself with Lt. Jason and two Officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of The Mini Food Mart at 252 Main Street, Hyannis. Following the guidelines of the Massachusetts Alcohol Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the store and Officer Marshall purchased one six pack of Bud Lite for $6.29 from an Indian male clerk in his 30’s. Officer Warmington witnessed the transaction. The six pack of Bud Lite was secured by Officer Warmington as evidence. At the completion of the operation the evidence was tagged and placed in the Sally port closet locker #78. Attorney Tardif asked a question about what was changed in the report – Officer Maher stated anytime he goes into a report and has to leave it and then re-enters it, it reads

21

that it is amended or redacted. Attorney Tardif stated they will work on making sure this does not happen again – Mr. Chaudry stated there have been some additional attempts to buy and officers in the parking lot – he states that they have received the message and will be more vigilant. He asked if the grocery store could still be open during the suspension and was told it could. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of Mini Food Market, 252 Main Street, Hyannis, Muatsim Chaudry, Manager, holding a Wine & Malt Package Store License of being in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable on July 26, 2008. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day suspension be imposed with one day to serve July 26, 2009 (store can be open) and the other held in abeyance up to that date pending any further Ch. 138 violations. Show Cause Hearing: Show Cause Hearing on the Black Spot Café Bar, 10 Ocean Street, Hyannis, Micah Power, Manager, holding an All Alcohol Common Victualler

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License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008, the Black Spot Café Bar, 10 Ocean Street, Hyannis, Micah Power, Manager, holding an All Alcohol Common Victualler License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from The Black Spot Cafe and from the Police Department. Micah Power and Peter Kenney answered he was present and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised them we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th.

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Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Ptl. Maher read his report into record: On Friday, July 26, 2008 at 2304 hrs. myself along with Lt. Jason and two officers in plain clothes, Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of The Black Spot Café Bar at 10 Ocean Street, Hyannis. Following the guidelines of the Massachusetts Alcoholic Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the establishment where Officer Marshall purchased one Bud Lite beer from a white male in his mid 40’s with white hair. Officer Warmington witnessed the transaction. Mr. Power stated he was the person actually involved (he does not have white hair and is not in his mid forties); there was a band playing who came in at 11:00. He said the two officers came in and commented he was a little upset they weren’t here today. Officer Maher stated they could continue the hearing to when the officers could be present over their Christmas vacation. Mr. Power went on to say he was a little concerned as he immediately noticed they acted strangely – he thought of 3 options – one they were a police sting; two that they were there to steal – he stated he has nice art work and guitars, or that they were under 21. He had thought they were underage. He then said he actually started cleaning the bar so he could watch their activity. When the young man ordered the beer, Mr. Power said because he was being cocky, he put the beer ordered BEHIND the tap intending to ID him prior to handing it to him; and a pie plate with a domed cover where he keeps muffins. It is not a place accessible to the public unless they really wanted to reach back there. He stated that he then turned his head – at which time the officer reached behind the bar and grabbed the beer, sliding it

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across the bar; it even spilled. It created such a rucus that people turned around and thought he was in trouble. The other officer took a photo on a cell phone and it flashed as the other held up the beer. The guitarist who is a friend of the owner actually stopped playing, stepped down and tried to block the front door when the tried to exit. Mr. Power motioned to his people to let them leave; they had wanted to block them from leaving. He then said that from 25 feet away the guitarist could tell something was wrong – he had thought the young man was trying to steal a beer. Mr. Power stated that anyone coming in would be carded. Mr. Hoxie asked if he was the only one behind the bar; he stated he usually was – he has a morning girl who does coffee and she has been told she has to card everyone. Mr. Power stated he cards people with grey hair. Mr. Hoxie asked if there was any money left on the bar and Mr. Power said there was but did not remember how much – he thought it might have been $5.00. Ptl. Maher asked how long a time went by while this took place – Mr. Power stated about 2 minutes. Officer Maher asked if all this took place in 3 minutes (from the time they walked in until they left)? He stated yes it was very fast. He said they came in looking nervous and he tried to ascertain what was up with them because they stuck out like sore thumbs. Ptl. Maher stated that he just finished testifying that he watched them for a few minutes scoping out the place before this took place – also testified that they took the time to take a photo of the incident and that people tried to block the door – and that took place in less than 3 minutes? Mr. Power repeated that it was very fast and offered to recreate it. Mr. Hoxie asked if he had any witnesses with him. Mr. Power introduced Peter Kenney speak whom he said was in the back of the bar in and witnessed the entire incident. Mr. Kenney stated he lives in West Yarmouth and was in the Black Spot on the night of this incident and witnessed the entire incident. He stated if he was Micah Power standing behind the bar, at more than arms length apart there are 2 vertical columns, a structure of the building encased in wood trim. He said the portion of the bar between those two columns is the active service portion of the bar. He said if he was Micah Power, to his left there are always one or sometimes tow containers of pastries on the bar, and the bar is deeper than those containers and he was at the extreme right of Mr. Power. He said he saw Micah looking around at something and then looking at him and looking around. He then saw the young man with his back to him, a white male young enough to be carded with black hair standing by the left column and money got thrown on the bar; it was not handed to Micah it was thrown on the bar. He said Micah was at the refrigerator to his left facing out into the room and pulled out a bottle of beer and opened it but put it to his extreme left behind the pastry container. He was standing in a typical Micah gesture with his arms open and head cocked sideways looking at the young man now standing in front of him with his mouth open. I believe he was about to speak. But before anybody knew what was happening, the young man we now know is an officer reached way behind the bar and grabbed the beer, pulled it across the bar and held it up for a photograph. The flash – everyone saw it and stopped what they were doing. He said the officer put the beer down, slid it across the bar and left. Mr. Kenney pointing at Micah stated he was the only person behind the bar, he doesn’t have anyone working for him with white hair. Mr. Kenney stated there was no transaction that I saw; there was no alcoholic beverage

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delivered to this person or any other person that I saw that night who was underage, and I saw the entire incident. He also stated for the record that the precautions this man takes are having a camera outside the building is in place surveilling the rear entrance. And 15 minutes after the camera went into operation he caught somebody outside the bar apparently with a water bottle filled with beer – smoking and drinking out of the bottle. Mr. Power went out and asked him to leave. He said Mr. Power has another bartender who overheard some college kids stating that an ID he had he loaned to a person who looked just like him (I overheard this as well). The next night, when the kid with the false ID came in, he was approached by the bartender and stopped from ordering before he could even try to order. He stated Mr. Power cares. He has seen a lot of bartenders serve underage people but this is a good proprietor. (speaking of Mr. Power). He also stated with all due respect to the police, neither of the two officers who actually conducted the sting are here today, what I saw that night was NOT a completed transaction – it was not the sale of anything to anybody. Ptl Maher asked what he charges for a Bud Lite – he was told $3.50 now but $3.25 at the time. Ptl. Maher stated that one of the things they do is give the officer used a specific amount of money and at the end of the night they count up the money left. Their money came out right for the $3.25. He stated that the licensee and Mr. Kenney alleged the subject threw down a $5 or $10 bill. Also, Ptl. Maher said he could see inside the front door and never saw the camera flash or anyone trying to bar the door. He witnessed the officers go in and come out within about 2 ½ minutes. He stated if there is further question by the Board we can certainly have Mr. Marshall come down here for the hearing – we could continue it. In his mind, a beverage purchased and the money left there. The testimony he got from the officer was that he purchased the beverage. He said there was no description by the officer of anyone trying to bar him from leaving. He thought maybe the licensee was mistaken about who they were trying to identify, and maybe the other was a separate occurrence. Mr. Hoxie asked the licensee if it was his policy not to ask for ID right away – to get it out, hold it, open it and then ask for ID? Mr. Power stated actually no; when he knows someone is up to something he tends to get cocky with them and be a little more vicious – I made a girl cry once when she was trying to purchase without an ID. Mr. Hoxie asked him if he wouldn’t be wasting the beer if he opened it; what would he then do with that beer? He said he thought about it and didn’t mind wasting that but Colin, who only orders Bud Lite,, was coming in to se the band, so he would sell it to him. Mr. Power stated he is absolutely positive that he saw Officer Warmington who is 6’ or 6’1” with a baby face – and this gentleman in the powerpoint photo is definitely this incident. He then reiterated he did not remember the money part; that is actually what Peter said he saw. He said money was to his left (looking at him face to face) and the beer was over here (pointed to his far right) behind the pastries and the taps being in Mr. Powers’ personal space next to the caoppucino machine. He stated the officer actually reached across the bar with his left hand and almost fell over to get it and then held the beer up for a picture to be taken. He said the band had lights too. Mr. Powers said he knew (or suspected) that it was a sting and that it why he held the beer back – there is no way he would have served that person.

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Mr. Hoxie asked Ptl. Maher and Lt. Jason if Officer Warmington and the other young man could come in to a future hearing. Ptl. Maher asked about the flashing lights and how he could see the camera flash. Mr. Power stated those lights are not on all the time and yes, he reiterated that everyone stopped when they saw the camera flash. Mr. Hoxie stated he would like the officers to come in – Officer Maher stated they would prefer them to come on December 29th (Christmas break) as they are both in college. Mr. Hoxie continued the hearing without further notice so the officers could be here because of discrepancies in the testimony. Mr. Power said he will also invite the guitarist who was a witness, but not available today and who he will hire as his lawyer as well and the band. Show Cause Hearing: Show Cause Hearing for Ying’s Café, 59 Center Street, Hyannis, Sunun Chaloeicheep, Manager, holding a Wine & Malt Common Victualler License. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008 Ying’s Café, 59 Center Street, Hyannis, Sunun Chaloeicheep Manager, holding a Wine & Malt Common Victualler License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from Ying’s and from the Police Department. Sunun Chaloiecheep answered she was present for Ying’s and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised the licensee we would hear from the Police Department first and that she would have a right to question the police and then testify on her behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so

27

busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 26th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. Ptl. Maher asked the Manager to stipulate to the police presentation. He then read his police report: On Friday, July 26, 2008 at 2312 hrs. myself along with Lt. Jason and two officers in plain clothes, Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of Ying’s at 59 Center Street, Hyannis. Following the guidelines of the Massachusetts Alcoholic Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the establishment where Officer Marshall purchased one Bud Lite beer from a small Asian female. Officer Warmington witnessed the transaction.

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Ms. Chaloeicheep stated she is there in the office; her waitress was in a hurry to close and supposedly was very tired and didn’t check the ID. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of Ying’s Café, 59 Center Street, Hyannis, Sunun Chaloeicheep, Manager, holding a Wine & Malt Common Victualler License of being in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable on July 26, 2008. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day suspension be imposed with one day to serve July 26, 2009 and one held in abeyance until that date pending any further Ch. 138 violations. Show Cause Hearing: The Barnstable Police Department has reported to the Licensing Authority that on July 18, 2008 The Raw Bar on Ocean Street, holding an all alcohol common Victualler license, 230 Ocean Street, Hyannis, Elizabeth Westwater, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation

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of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 18, 2008 The Raw Bar on Ocean Street, holding an All Alcohol Common Victualler License, 230 Ocean Street, Hyannis, Vincent Holland, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked who was here from The Raw Bar on Ocean Street and from the Police Department. Attorney Mark Gildea answered he was present with the owner, Robert Weeks and Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised them we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being July 18th. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his

30

power point presentation) in June. There was someone from the ABCC in attendance as well. They went over the sting guidelines (attached to these minutes and shown in his power point presentation). In the midst of the conversations they went over how they would accomplish a sting and what they would do once they went to their establishments. All who attended were informed and shown the specific guidelines and how they would be operated. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department. He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. He asked that the Attorney and owner stipulate to the police presentation. He then read the police report into record: On Friday July 18, 2008 at 2143 hrs myself along with Lt. Jason and two officers in plain clothes, Officer Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of the Raw Bar at Ocean Street at 22 Channel Point Road, Hyannis (address is actually 230 Ocean Street- building sits on the corner) following the guidelines of the Massachsuetts Alcoholic Beverage Control Commission for underage drinking stings. Officer Marshall and Officer Warmington went into The Raw bar on Ocean Street where Officer Marshall purchased one Bud Lite beer from a white female in her thirties with short black hair and a ponytail. Officer Warmington witnessed the transaction. Attorney Gildea stated they concur with what has been stated as to notification by the other licensees today and will not repeat it. He then asked which guidelines were used – ours or the ABCC’s; Ptl. Maher stated they are basically the same. Mr. Weeks testified they try to do things as well as possible; they did participate in a seminar given by the police. He stated unfortunately one person did not check the ID that day. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable

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Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 18, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no violations but they have only been open two months. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt on July 18, 2008 The Raw Bar on Ocean Street, holding an all alcohol common Victualler license, 230 Ocean Street, Hyannis, Elizabeth Westwater, Manager, was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions: That a 2 day suspension be imposed with one day to serve on July 18, 2009 and one to be held in abeyance for that period pending any further Ch 138 violations. Attorney Gildea questioned the day of the week as it is a Saturday. He also asked if the Board would investigate whether or not they can be open for food and closed for alcohol. Mr. Hoxie stated it will be investigated. Ed Rosario had a question as to the sting guidelines – when it was published (Cape Cod Times June 26th) and if the alcohol was taken, which Ptl. Maher stated it was by the other officer, and secured. Mr. Sullivan stated the police department has done a good job and stated we may have been very lenient. He finds it very serious that so many licensees here have not ID’d purchasers of alcohol. Mr. Hoxie believes that the sting operation has certainly alerted license holders that they must be diligent and that the publicity will improve the way the licensees conduct themselves when underage patrons. Renewals:

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The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Renewal of Junk Dealer License for Mid Cape Metal Recycling, 30D Thornton Drive, Hyannis, Tim Ferreira, Manager was continued to 11/17/08. Business Meeting: Discussion – Municipal Licensing Corp. Meeting of Responsible Retailing Forum - October 15, 2008, Brandeis University Faculty Club (Seminar). Mr. Geiler pointed out it is not the same as the seminar we have attended in the past. It is to develop and evaluate a new model of Responsible Retailing to prevent sale of alcohol to underage and intoxicated patrons and to work to address social sources of alcohol in the community. The Board and Police Liaison were asked to contact the Licensing Assistant so she could rsvp. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



November 17, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, November 17, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Entertainment and Sunday Entertainment License: Application of Tanya Vincent on behalf of Coastal Dance Co., 49 John Maki Road, W. Barnstable, MA, for a One Day Entertainment License and Sunday Entertainment License for its 23rd annual Nutcracker Gala Ballet to be held at the Barnstable High School Performing Arts Center, West Main Street, Hyannis on Saturday, December 13, 2008 at 4 pm and Sunday, December 14, 2008 at 2 pm. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of Tanya Vincent on behalf of Coastal Dance Co., 49 John Maki Road, W. Barnstable, MA, for a One Day Entertainment License and Sunday Entertainment License for its 23rd annual Nutcracker Gala Ballet to be held at the Barnstable High School Performing Arts Center, West Main Street, Hyannis on Saturday, December 13, 2008 at 4 pm and Sunday, December 14, 2008 at 2 pm go the 12/8/08 hearing. One Day All Alcohol Permit: Application of Michael Robinson, Cape Cod Young Professionals, P.O. Box 1302, Centerville, MA on for a One Day All Alcohol License and a One Day Entertainment License for a fundraiser event with a steel drum band on September 17, 2009 from 5:30 pm to 8:30 pm at Rectrix Aerodrome, Hyannis, MA. Continued from 10/27/08 to obtain State Fire Safety Certificate.




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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue application to the 12/8/089 hearing as the Fire Department has advised it will not sign off on the State Safety Certificate since only 50% of the exit door issues have been resolved. Request to Close: Request of Wimpy’s, 752 Main Street, Osterville, Danielle Siscoe, Manager to close the restaurant from January 4, 2009 to February 10, 2009 for general maintenance. Danielle Siscoe appeared for her request. There were no questions by the Board. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Wimpy’s, 752 Main Street, Osterville, Danielle Siscoe, Manager to close the restaurant from January 4, 2009 to February 10, 2009 for general maintenance. One Day Entertainment: Application of Danielle A. Siscoe on behalf of Wimpy’s Seafood Café and Market, 752 Main Street, Osterville, MA, for a One Day Entertainment License for 2 singers and a keyboard player on December 12, 2008 from 6:30 pm to 11:00 pm. Danielle Siscoe appeared for this request as well. She explained that it would be in the restaurant for the Christmas stroll. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of Danielle A. Siscoe on behalf of Wimpy’s Seafood Café and Market, 752 Main Street, Osterville, MA, for a One Day Entertainment License for 2 singers and a keyboard player on December 12, 2008 from 6:30 pm to 11:00 pm. One Day All Alcohol and One Day Entertainment Licenses: Application of Bill Sykes on behalf of Best Buddies International, 13 River Street, Plymouth, for a One Day All Alcohol and One Day Entertainment License for it’s Best Buddies Challenge Bicycle Ride on May 30, 2009 from 12 pm to 9 pm, culminating with a catered event in a tent with live music and dancing at 1014 Craigville Beach Road, Centerville. Mr. Sykes appeared for the application. This is the same event they have been having for 10 years; at this location for 3. This year is a different band but everything remains the same. Mr. Burman asked the police department if there have been any problems; Lt. Jason stated there have not. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Bill Sykes on behalf of Best

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Buddies International, 13 River Street, Plymouth, for a One Day All Alcohol and One Day Entertainment License for it’s Best Buddies Challenge Bicycle Ride on May 30, 2009 from 12 pm to 9 pm, culminating with a catered event in a tent with live music and dancing at 1014 Craigville Beach Road, Centerville. Change of Manager: Application of Outback/New England – I Limited Partnership, d/b/a Outback Steakhouse, 1070 Iyannough Road, Hyannis, MA, Brian T. Cray, Manager for a Change of Manger on the All Alcohol Common Victualler License to Christina B. Jacobs. Christina Jacobs appeared for the application. Brian is no longer the manager and she has taken over. Mr. Hoxie asked her experience – she has been with them for 12 years; she is a serv safe alcohol instructor before becoming the proprietor. Mr. Hoxie stated he noticed she was was born in Seychelles – asking where that is; she stated it is northeast of Madagascar. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Outback/New England – I Limited Partnership, d/b/a Outback Steakhouse, 1070 Iyannough Road, Hyannis, MA, Brian T. Cray, Manager for a Change of Manger on the All Alcohol Common Victualler License to Christina B. Jacobs. New Junk Dealer License: Application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, 31 Thornton Drive, Hyannis, Tim Ferreira, Manager for a New Junk Dealer’s License, hours of operation to be 7 am to 4 pm. Attorney Connors appeared for the application. He stated it was first presented in May of this year. There were several continuances on both sides; request for a business plan and for a drawing to demarcate the property lines and locations for parking. He said there have been no incidents as to parking. Each request was addressed by them and they now request a new license at 31 Thornton Drive. It is their position they have complied with all our requests. He said through the drawing they submitted the location has been addressed as well as fencing and where the dumpsters are. There have been no instances of blocking the highway, etc. Another property owner has blocked the highway in the past but not Mr. Ferreira. These are vehicles, tow trucks, etc. Mr. Hoxie asked that they be submitted. They are in the file in an envelope marked photos submitted 11/17/08 by Attorney Connors. That property is owned by Cornelius Trowbridge who has been one of the complainants against Mr. Ferreira. Christine Ade asked where at 31 they are located; as at 31 Thornton Drive is broken up into bays and other businesses occupy Units A, B & C (or so we have been advised. Attorney Connors stated all of 31. Mr. Ferreira then corrected him, and stated he is at the last 2 bays of 31; Bays G&H. Mr. Hoxie confirmed it is G&H at 31 Thornton Drive. Mr. Burman asked how he could continue to function all this time when his old license was not yet renewed and the new one not yet approved either. Attorney Connors stated

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the license at 30D renewal was continued under a “general continuance” that paralleled this application so he had a license at 30D Thornton. Mr. Burman stated that was not his understanding. Attorney Connors stated that’s where he has been; there were 2 licenses continued; one the one we are here for today and a continuance of the other application. Mr. Ferreira subsequently moved and was operating from 53 and 30D for a while; he has consolidated his operations which has been outlined in the business plan submitted at a previous hearing at 31 – he is no longer at 30D or 53. Mr. Geiler stated the application has certainly been protracted. He believes the business was originally licensed at 31; at some point in the last year or two Mr. Ferreira moved across the street and at one point was running the operation from both and also was running the operation from what would be the north side or west side of the building. Christine Ade confirmed the original license was at 30D – the small little office. Attorney Connors stated there was a general continuance on the 30D application and he also operated from another location which was 53 Thornton Drive so there were 3 separate locations he had been operating from. Mr. Burman stated that only one was licensed; IF it was licensed. Attorney Connors stated there was one license for a Junk dealer, yes. Then he represented that under 31 Thornton Drive, he was allowed to do auto repairing, trash; it has all been indicated in the business plan; what had been permitted under 31 Thornton Drive. It has been written and articulated as to what was permitted at each property in the packet submitted several months ago. He says now he is at 31; he no longer occupies 30D or 53 Thornton Drive. He has been operating for auto repair and salvage and septic repair under permits he has and it is their position that he is also operating under the Junk Dealer license that had been continued for renewal at 30D. He stated under Ch 140, Section 54, defines Junk Dealers. Our Ordinance 502 section 1 describes the activities of a junk dealer. Ch 140 Section 56 defines Junk Collector. Ordinance incorporates both these sections and does not articulate whether you are required to operate from one location as the statute does; under Section 56 you can go from place to place. Mr. Geiler stated certainly he would not agree with that; that has never been his understanding or the understanding of this Board for over 30 years. There is another section that clearly states that a licensed junk dealer is not authorized to conduct business any other place than the location on the license. There is a section allowing him to go from place to place recognizing that typically people may have bulk items that they want to get rid of and he is authorized to GO thereto purchase or remove those items – but in terms of setting up your business there is nothing in it that would allow him to simply decide he has a business here and move it around to here and here and here. Mr. Geiler said he hopes we can at least agree today on how that is going to be applied – this is a great part of the problem at this business. Attorney Connors said he understands but disagrees saying he has done a fair amoutt of research regarding the two sections and has reviewed the town’s ordinance and sees nothing that indicates that it is required under a junk collector that it has to be from some fixed location – it

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cannot be if it goes from place to place; that would be in contravention of the statutory interpretation. Mr. Geiler stated what he thinks Attorney Connors is stating is that he does not agree with the rules and so does not intend to comply with those rules and if that’s the case it would be very difficult for the Board to issue this license. Attorney Connors said it is their belief that there is an ambiguity within the ordinance which would violate his client’s due process rights and the plain meaning of the statute and its interpretation. Certainly an individual is afforded due process rights under the Constitution of the US and under Mass Declaration of Rights and they believe after reviewing both MGL and the ordinances of the Town that there is an ambiguity as to what it means by being a collector – does it mean you’re required to stay in one place and have people come to your property or permit you to go to other people’s properties to obtain the items of junk or scrap or whatever it may be. Mr. Geiler stated that is exactly what it means; but it doesn’t mean you can set u\your business up at a location which is not licensed. That’s exactly what he did. He had a big sign announcing and explaining what the business was – although it was licensed in a different location so we asked you to comply. That’s what this whole process has been about – simply complying with the rules. Attorney Connors stated they have been attempting to comply but for the continuances; all of which were because of the appeal and Superior Court case. He referenced a meeting in the “small” room regarding this. They state they would have been in compliance sooner had it not been for the Board’s continuances. He states they certainly would have been in compliance under your theory some time ago if it weren’t constantly being continued by the Board. Mr. Geiler stated one of the things the Board did was to invite him to submit documentation or court cases or history that would have supported his position but we never have seen anything. Attorney Connors said he has never submitted a legal memorandum as he was not requested to; he did submit a business plan and a schematic of the property articulating the property lines and where and where not the potential customers would be allowed to be parked. He said he has b\never been asked to submit a legal memorandum; he has prepared a short one… Mr. Geiler stated he did not think he was; but he said he was invited to do that and the Board did invite you to do that; to support that argument you are making with respect to the rules. Attorney Connors did not recall that but said he would happily submit one today (which he did) – a very short one of 3 pages. He offered to give us the one he prepared but addresses some of the issues you are bringing up right now. .

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Officer Maher said he has been observing this regulation for some time and said his understanding of the statute – going from place to place goes back to the time when someone would go with a pickup truck to someone’s house to buy something and then turn around and sell it to somebody else. What he said he has observed is that Mr. Ferreira does go out to pick up things from other locations but always brings them BACK to 31 – he stores it at 31 and he also has signage there asking people to come in there to drop things off. That goes back to where the Town license kicks in – he has been running that part of the business at 31 where he is not licensed. It is two separate things; one is the place to place getting articles and two is he is running the business out of 31. Just last night, going back to what Mr. Geiler said, where it appears that Mr. Ferreira just decides to do what he wants, now at 66 Barnstable Road there is a sign advertising Ferreira’s Disposable Recycling; so he has started another business someplace else in town without a license. Mr. Burman stated that goes back to his original question – is he operating an unlicensed premises? Attorney Connors stated he did have the license at 30D and in May 2008 the renewal request at 30D was continued. Prior to that they applied for a license at 53 which was then withdrawn. Mr. Burman stated he has been without a license at all since the 30D license expired at the end of 2007 – and the Board did not renew the license. Attorney Connors stated it is their position the renewal was continued. Mr. Burman stated that was not his point – it is that he has been operating since January 1, 2008 and he has no license for any location according to Mr. Burman. Attorney Connors stated that based on the continuances of 30D, he did hold a Junk Dealer’s License. It is a matter of interpretation as to what does Junk Dealer under the ordinance mean; it is not clearly articulated that it has to be at a fixed location. Mr. Burman stated he does not have the imagination that an attorney does; all I can read is the facts and you are not following what I understand is the facts. He has no license at this point for 30D, 31 or any one of the locations. AS\Attorney Connors states that he holds on 31 licensing; which had been issued in the beginning of January; Mr. Burman asked issued by whom? Attorney Connors said issued by the Town; if you look at the business plan it’s attached. He has a repair and salvage business… Mr. Burman repeated “Junk Dealer’s License” is what I am referring to. Attorney Connors stated a Junk Dealer’s License he does not hold at 31. Mr. Hoxie asked about the status of the Superior Court case; Attorney Connors stated that prior to the last hearing we had at which Mr, Houghton was in attendance, the Board had continued these applications as there was a question as to whether these applications could go forward with the Superior Court case pending. The notice of dismissal was provided to Attorney Houghton, who has not replied formally, but in speaking with Attorney Houghton it was determined that the case be dismissed along with the 4 day suspension but has not heard back from him although he had sent the document to which he advised he had authorized Attorney Houghton to sign his name to it and file it. Mr. Hoxie said we do have a recommendation to dismiss the case from the Town Attorney and perhaps we could hear from him. Attorney Houghton stated he would agree that that the case is ripe for dismissal and that there were discussions as to whether the suspension has been served and thinks

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we have reached the point to agree that it has been. Attorney Houghton stated he would be executing a Stipulation for Dismissal with Prejudice to prior cases but without prejudice to any future enforcement action that might arise out of the facts. Mr. Hoxie asked if he would need a vote of the Board. Attorney Houghton stated a vote from the Board wouldn’t hurt under the litigation control ordinances although it can be dismissed with the Town Manager’s o.k. but certainly a vote from the Board would help. Mr. Hoxie then asked if the decision of the Board could be made on the new application before it today with the Board considering the evidence as to whether or not the applicant is a proper person to hold a Junk Dealer’s license – that’s what the decision should be based on. He asked if he would be correct in that. Attorney Houghton suggested it be based on whether or not it is in the public interest which obviously incorporates whether a person is fit to conduct the business. He then stated if he may, since he was present for some of Mr. Connors’ comments about the licensed premises, said it would be my opinion that Officer Maher expressed it very well; that you could be a “collector” depending on how much you collect; you have to put what you collect someplace. If a small enough amount, the vehicles parked becomes the licensed premises – the Board could look into this. But if it is a large enough amount, kept in a place, while the statute itself is silent on where you deal out of, there are actually three types of licenses; a junk collector which would simply allow you to collect and do basically nothing else; a junk dealer who would sell or trade the property collected and the third an operator of a shop, which is similar to a dealer. Certainly a dealer of\r shop proprietor would have a licensed premises and even if the statute was silent, the authority can condition the license upon exercising a particular place, which he believes is the basis for Mr, Geiler’s comments and he would agree with that. For the last 30+ years a license has probably been issued for a particular address. Simply by operation of the license you’ve been conditioning it on a premises. I think there is no question in my opinion that you have the legal authority to say that a dealer or shopkeeper is going to conduct their business at a fixed address which is the only premises to be used under the license and even for a collector, who has to keep it somewhere – in one place and one place only.. Mr. Hoxie stated if you have merely a collector’s license you would have to have another license as you will have to bring the items back somewhere to hold them. Attorney Houghton said unless it is a small enough quantity. He agrees with Officer Maher that these are older statutes and go back to times when peddlers and collectors literally had push carts and went from place to place. Obviously that business has changed because if improvements in transportation, but even a collector – if you are going to collect it and keep it someplace the authority can certainly condition the license on the place it will be kept – one place only. Mr. Hoxie asked if a collector could JUST collect an \d nothing else; Attorney Houghton said if you want to be strict about it, yes; all they can do is collect it. A dealer will collect

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and sell it and a keeper of a shop will collect and sell it. It makes sense to not distinguish between the three. Mr. Hoxie asked if we deny the license as to being against public interest, would we have to show he has been operating illegally, or done something against the record? Attorney Houghton said that the law of due process deals with hearings. And basically due process law requires notice that some action is being taken with respect to them and have they had an opportunity to be heard. In this type of due process there probably is not a right for confrontation of expert witnesses but as a practical matter in a hearing like this it would make sense that might not be necessary to allow confrontation but just a give and take. So due process is not the law of whether a board’s action is proper or not, it is opportunity to be heard and notice. Operating is a quasi judicial mode as we are, we would be judged by the substantial evidence test – would a reasonable person reach the same decision based on the oral and document evidence presented. Following due process is just whether there was notice and opportunity to be heard. What the ultimate decision will be judged on is what were the facts presented and based on those facts what conclusions did they reach and how reasonable was the Board in its actions both in favor and against. Attorney Connors stated that Mr, Ferreira would be very wiling to have the Board state that he can only operate his junk dealer’s license at 31 Thornton Drive. He said that as far as the constitutional ramifications that Mr. Houghton had stated he respectfully disagrees - he thinks case law is very clear and there is an ambiguity between the statute and an ordinance. And with respect to a holder of a license is unable to interpret the statute then due process comes in. There is a due process issue here – a case in 1973 supports his premise as to ordinances vs. statutes. He stated he has talked with Officer Maher regarding defects in the statutes and ordinances. Office Maher represented the statute was written some 70 years ago if I recall correctly so we are willing to be held to the one location albeit as a dealer or a collector but I am steadfast in maintaining that there IS a conflict between the state statute and Town ordinance. When there is a conflict between the two and you are an applicant, there is a due process violation that has to be litigated. If it went to that point he would have no choice but to seek judicial relief and would then seek a Declaratory Judgment as to what is valid and what is invalid and if you carefully read Junk Dealer and the definition of Junk Collector it doesn’t say Junk Collector is a separate entity, it just defines it in section 56 of Ch 140 – your license language incorporates 54 and 56 so there IS an ambiguity. I have looked at the ordinance and there IS no separate Junk Collector’s license. I looked thoroughly to see if you OFFER a junk collector’s license in Town, and have not seen one. Mr. Burman complimented Attorney Connors as being a very able champion for Mr. Ferreira. He asked again where and when he is now operating.

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Attorney Connors states he is now only operating Mid Cape Metal Recycling at 31, which was articulated in the business plan. Mr. Ferreira has a sign also on Barnstable Road, where he does computer work and is pulling automobiles, working there but is not operating out of that property. Mr. Burman stated he has a copy in hand of the license he has which is ONLY for a Junk Dealer’s License at 30D, which expired May 1, 2008. Attorney Connors stated that is correct. They have been operating under a continuance regarding that license for quite some time. Mr. Burman stated that is a continuance for 30D where he is NOT operating; he is operating in 31. Mr. Burman then stated he is operating clearly in his opinion without the benefit of a license. Attorney Connors stated he has been trying to obtain a license for many many months. Mr. Burman stated that businesses don’t operate under the POSSIBILITY of getting a license – they have to have a license before they can operate. That is normal business procedure. that under Section 54 in Ch 140, he is a dealer. It states purchase, barter and sale of junk. He is storing and operating as a dealer with signage. The place to place operation is under 56 which is NOT what the Board is addressing here. Attorney Connors stated he also operates Ferreira’s so I think the question would be what type of operation is he running at 31. Certainly he has other permitted businesses there so the underlying question would be is he operating as a Junk Dealer or is he operating as an auto repair or is he doing the septic and offal disposal and everything else. Mr. Burman stated that Attorney Connors made a statement that he is operating his business, the Mid Cape Metal Recycling, at 31 and he is NOT licensed for that. Attorney Connors went back again to the continuance under 30D because it is their position if they own a junk dealer’s license and you write down 30D Thornton Drive as an example, under the statutory interpretation it could mean from place to place. Officer Maher stated that in looking at Attorney Connors’ memorandum, Ch q40 Section 56 talks about a Junk Collector, which says from place to place. Ch 140 section 54 talks about a Junk Dealer. At 31 he is operating as a Junk Dealer. Under Ch 140 Section 54, he cannot go from place to place. Attorney Connors again stated if you read the language of 54, it incorporates the word collector. Section 56v only defines what a collector is. Officer Maher stated that within 54 it states “and keepers of shops, purchasing and sale or barter of junk,” and that’s what he is doing at 31. He is purchasing and he is bartering. He is NOT operating as a junk collector at 31 because as a junk collector he is going from place to place. He is storing, operating with signage out of 31. He is operating as a dealer and I think that is the key difference. Attorney Connors respectfully disagreed. He said that he also goes from place to place. Officer Maher stated that is under separate statute and completely separate from what the Board is talking about right now with regard to his license as a junk dealer. Attorney Connors reiterated that 56 is a definition to clarify 54. Mr. Hoxie joked that it is all clear to him now.

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Attorney Houghton came forward to address the statute. Section 54 authorizes towns by ordinance or bylaw to provide for licensing – so in the first place you can’t even have a junk dealer, collector or shop dealer in your town unless the Town has enacted an ordinance or a bylaw. The only ordinance the town has enacted with respect to that is in Section 121-6 in our code which is an ordinance which simply authorizes the granting of licenses. Section 54 authorizes the granting of 3 licenses if there is an ordinance to that effect. The collector of junk, dealer of junk, or keeper of junk. One is to be a collector . Another is to be a dealer. The last is to be the keeper of a shop for purchase, sale or barter of junk. Section 56 does define a collector as a person going from place to place to collect junk, old metals, or secondhand articles. Again it would be my opinion you could go out and collect it. However, once you collect it you have to put it someplace, and we have an ordinance that authorizes license and therefore requires licenses. If you have to put it someplace – an authority can certainly say keep it in one place and one place only. Again, the only ordinance the town has is the ordinance setting up or authorizing the license. I believe this Authority has regulations that govern how the licenses are exercised. It is within your authority if you fix a particular place to make that at a bare minimum a condition of the license. Attorney Connors stated again they are happy for us to narrow based on suitability of the person standard what we are required to do to give an applicant a license and be submitted a business plan narrowing the focus for us to show the Town where he intended to operate. He intends to operate as a junk dealer only at 31G and 31H to aid in enforcement by the police. He stated they are trying to comply and be as good a neighbor to the town as possible. Any narrow focus deemed reasonable we would be happy to live with. If it has to say we will grant a Junk Dealer’s license for 31 only and that he cannot do anything on any other property he may possess within the Town then we would be happy to abide by that. Mr. Hoxie stated the application before us is for 30D; Attorney Connors stated no, for 31. Mr. Hoxie stated 31, Units G&H? Christine Ade replied those are the only units they have; 31A, B, C, D (I don’t know about E&F) are occupied by other businesses. Attorney Connors confirmed it is 31 G&H. And Mr. Hoxie stated you are contention is that your client is not operating without a license at any location at this point? Attorney Connors stated it is their position that the only place he has any sort of operation is at 31, now articulating as G&H. As far as the Junk dealer’s license, he had one at 30D under a general continuance and out position as a statutory interpretation, we believe that entitled him if he was to operate at 31 to be able to do that. The Board never confined him to 30D. Attorney Connors states he has another permitted business at 31 G&H – whether he was doing junk dealing or not. He stated he has not been given any instances except for signage that he had been doing the junk dealer business there. The salvage and septic, offal and auto repair have been permitted at this location by the town. Mr. Hoxie asked if he has a “collector’s” license. Attorney Connors stated the town does not offer a collector’s license. Mr. Hoxie asked again if he has one. Attorney Connors said that under 30D it embodies collector within the meaning of the statute.

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Mr. Hoxie asked if he contends that you don’t need a license to collect? Attorney Connors stated that under the umbrella Junk Dealer it embodies a Junk Collector. Again he said he thinks there is a statutory ambiguity. Officer Maher stated that through his own observation, that 31 has been operating as a Junk Dealer right along – there is not just auto salvage there, not just auto repair; I have witnessed bins going in and out with metal, aluminum, etc. going in and out for the last year. So although Mr. Ferreira may have what he claims is a license to do auto salvage, that is not the only thing going in and out of there. My other question is that now we have another sign at 66 Barnstable Road. Is this an extension of the business? Or what’s going to happen there? Attorney Connors stated it is not. Mr. Hoxie asked what the sign is for then. Attorney Connors stated he is just doing work there for the owner; we’d be happy to remove the sign if you’d like; it’s common that people that do construction work have signs for the temporary time they are doing it. Officer Maher asked if he’d like to take a look at the picture he took last night and stated the sign he put up is not a temporary sign. Attorney Connors looked at it and stated it may appear to be a fixed sign but looks like it can be readily removed and they would do so if asked. Mr. Geiler asked if there Is a sign permit for that sign? Is there a business authorized at that location? Attorney Connors replied not that he is aware of. Mr. Geiler then asked if there is a business certificate for Ferreira’s at Barnstable Road? Attorney Connors stated he is not operating a business there, he is doing work there. Mr. Hoxie asked for public comment in favor or opposed. Mr. Hoxie asked if we could address the court case and its dismissal. Attorney Houghton stated it would be with prejudice to any prior acts and without prejudice to any future acts. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to dismiss the existing Superior Court Case brought by Mr. Ferreira with prejudice to any prior acts and without prejudice to any future acts. Mr. Hoxie asked for questions as to the new license. Mr. Burman states he does not see this as being a viable licensee. He does not think it is in the public interest or that he is a proper person to hold the license and I would so move to deny this license. Mr. Hoxie asked for a second with an explanation. Mr. Sullivan would not second but instead stated that he gathers we are dealing with a request for a new license at 31G & H, a Junk Dealer’s License. That this is the only place he will only operate out of with the granting of the license, and no-place else. Attorney Connors confirmed. Mr. Sullivan stated that

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includes anything collected going only to #31G&H. Attorney Connors confirmed. Mr. Sullivan stated that Junk Dealers are collecting precious metals, aluminum, copper, etc. which we have read a lot about. That is the reason for it operating and functioning at one location so the authorities can check the items collected as to being legitimate or stolen, and there is a whole list of things this person is responsible for doing. Mr. Sullivan would like these issues to be nailed down, and if they are he would not have a problem. Attorney Connors stated in his discussions with Officer Maher he had indicated some of the revisions to the ordinance that were going to be addressed apparently today as far as photographing the items brought in and Mr. Ferreira is happy to comply with photographing anything the Board would impose and especially operating out of only one distinct location. For clarity, Mr. Sullivan stated that they have absolutely committed themselves to that. Mr. Hoxie asked Officer Maher about observing the business being operated now without a license; what would take place if the license is denied? Would the police take action? Officer Maher replied yes, that would be the only relief they had. Mr. Hoxie then asked if the license is granted would it be beneficial to law enforcement so we can define what he is authorized to do, or would the police department think it would be worse off just collecting and having no license. Officer Maher stated that considering their position on moving from place to place – that would make it more difficult to regulate what Mr, Ferreira is doing. If it was in one location and considering that the Board adopts the proposals we have, it would be better to have him at one spot as a licensed premises where we have some oversight through the regulations to observe what Mr. Ferreira is doing. Mr. Hoxie asked if it would be easier if he was locked into one location? Officer Maher stated that was correct. He then asked for another motion. A motion was duly made by Mr. Sullivan to approve the application of Tim Ferreira, d/b/a Mid Cape Metal Recycling, for a Junk Dealer License at 31G&H Thornton Drive. Mr. Burman asked if this could be a temporary license to March 30, to be reviewed at that time to see if he is in compliance? Mr. Geiler stated this is a license renewed for May 1 each year anyways, so it would expire April 30 in any case. Mr. Sullivan stated he feels better about it since Mr. Connors and Mr. Ferreira will work with Officer Maher to make sure everything will be done properly in accordance with the license we issue. Mr. Burman seconded the motion. Mr. Geiler asked if the Board intends to carry over the restrictions that exist on the current license? Mr. Hoxie asked what those were. Mr. Geiler stated, no unregistered vehicles left outdoors, no vehicles may be bought or sold with this license, no hazardous materials may be stored except the minimum requirements for normal building cleaning or maintenance,. Those are the restrictions that currently exist. I would suggest that we

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also think of adding no storage of junk, old metals or secondhand articles outside – this is an issue that has come up several times. Also, no storage containers outside on the property except for one trash receptacle. The building dept. has asked that those containers be removed from the front of the building. It is contained in the business plan. He then stated his concern would be if the board did not prohibit the storage containers by putting it on as a restriction, then the business plan would be potential evidence that that is what they asked for. I believe they would have to go to the Board of Appeals for relief for that particular area. Mr. Hoxie asked Attorney Connors if those restrictions were satisfactory. Attorney Connors agreed with all except the containers on the property. He argued that if the board recalled way back on 9/17/07 we had a show cause hearing regarding the containers and he believed on page 31 of the transcript Robin DeGiangregorio was asked about the containers by Mr. Geiler and a question related to if they had this license would these containers be permitted. She had indicated yes. It went on to talk about Site Plan Review and she tried to intimate that perhaps it would have to go through Site Plan Review but as it is such a small project, Site Plan Review would not be necessary or required. Most businesses have dumpsters on their property – there was an issue of whether they were covered or not but I have never seen a 40 yard container with a cover on it, only 10 year or less. The imposition of no containers out front would be burdensome for this type of business. Her stated every business he has seen of similar import has containers. Mr. Hoxie asked how many he wants? Mr. Geiler stated this business is in a wellhead protection district. The town spends an awful lot of energy in trying to insure that appropriate protections are adhered to by all of the tenants in that area to protect the drinking water. The outside storage of junk or old metals, or scrap is just not consistent with that. Attorney Connors stated it is his understanding that this is an industrial zone and the wellhead protection zone is below that area; I represent somebody below Kidd’s Hill Road and the wellhead protection zone extends into that – I would like to see a GIS Map showing whether the wellhead protection zone does or doesn’t extend into this area. Mr. Geiler stated he has been told by the Building folks that outside storage of containers is not allowed without a permit. Attorney Connors argued that if you read the transcript carefully and the testimony of Robin, no permitting is needed. Mr. Ferreira indicated that 2-3 containers of scrap metals would be ok; anything hazardous would absolutely not be contained within the dumpsters. Attorney Houghton asked the Board to talk slowly and he would go upstairs to get a GIS Map. Mr. Ferreira stated he also owns Ferreira’s which was problematic on Cedar Street as that was in a residential area so he moved Ferreira’s it to 31 Thornton. He then bought Mid Cape Metal Recycling at 30D; moved Mid Cape TO Ferreira’s at 31 to consolidate.

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He said he is permitted to have the dumpsters there, even a recycling service. Tom Perry signed off on it, Robin signed off on it; that’s why I originally moved TO Thornton Drive to get into an industrial area to comply with Building. Mr. Hoxie asked how many dumpsters he has or would like to have. He said he owns 17 dumpsters – 16 are dumpsters and one’s a flat – you put a container on it. Most are out at Puritan, Home Depot, at job sites collecting this metal. Once we pick them up, we haul them out; saving taxpayer money instead of dumping them at the dump they bring the metals to us for storage in the containers and then we ship it out. He indicated he has permits to do these things by Building, even for recycling. Mr. Geiler asked to see those permits. He said he submitted it a year ago. He said he had a permit for septic – to inspect septics, he has a permit to transfer offal waste and also has a permit to hold over 100 gallons…Mr. Geiler asked if they had any of those documents today. Attorney Connors again told Tom to look at the business plan. Mr. Geiler again said all he was asking for is the permits they have been making representation that they hold. He asked Attorney Connors to show him the documents. Attorney Connors stated they are in the business plan. Mr. Geiler stated no, no…they are not in the business plan, there is a statement in the business plan. I think that is one of the difficulties we’re having – we keep getting representations that certain conditions exist, certain permits exist, certain procedures exist. We can’t get the documentation and the police department reports that when they visit the site that’s not what they find. Attorney Connors then said that under a business APPLICATION dated 1/16/07 in the name of Ferreira’s, the type of business – auto repair, recycling, debris removal. And it says at the bottom regarding comments, no requirements with Licensing. To again address the number of dumpsters, I would say 2-3 would be the most ever on site. It won’t be a property with 17 dumpsters on it; that’s physically impossible. Mr. Sullivan recommended they come back to argue the container numbers and type after checking with the Building Department, and the wellhead area – he’d be more comfortable seeing the permits he holds as well as approval from the Building Department, as proof it is not affecting the wellhead area. Attorney Connors stated Attorney Houghton would be back in a minute regarding the water and if it was a condition of approval of the application I would certainly seek the documentation from Building regarding what is and is not permitted with regard to dumpsters. Attorney Houghton returned with the GIS Map, stating that ALL of Thornton Drive UP TO Business Lane is within the wellhead protection district but the parts not in it are further up the hill. There are certainly parts of Thornton Drive within the wellhead district. Mr. Geiler had a map identifying the property as being in the pink area – wellhead protection district. It is a zoomed map showing it IN the wellhead district. Mr. Hoxie stated we can make this a restriction – obtaining any permits from Building. Attorney Connors agreed. Mr. Hoxie asked Mr. Burman for a new motion. Mr. Burman made a motion to approve the Junk Dealer license of Tim Ferrieira, d/b/a Mid Cape Metal Recycling, 31 G&H Thornton Drive, Hyannis, and Mr. Geiler read the current restrictions with the new ones he wanted added: “No unregistered vehicles may be left outdoors on the property, no motor vehicles may be bought or sold under this license, no hazardous materials may be

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stored except minimal amounts required for normal building, cleaning or maintenance, no storage of junk, old metals or scrap metals or secondhand articles outside the building and no storage containers outside of the building on the property except for one trash container.” If the Board adopts it this way, we certainly would be willing to entertain any information that you have that suggests why this may not be appropriate or under mitigation or whatever, but I think that this would at least get us back into a situation where Mr. Ferreira is licensed to operate. We could continue the dialog where we may have some differences. It certainly would be a slippery slope if Mr. Ferreira after having been told what the town’s position is with respect to the license, accepts the license and then turns around and decides he is not going to comply with everything the Board has requested it puts us back in that contentious situation. I would urge that if there is documentation or If there are arguments to be made, that they be made now, rather than go ahead and do something which causes the police department to go out and we are back hear at a hearing. Attorney Connors stated he will speak with Building in short order as to what may or may not be required there as to Mr. Ferreira or one of his businesses. He said that certainly with the automobiles he does have the right to repair automobiles there so the question would be if he has an automobile there he is repairing, and it is put outside in one of the parking spaces as has been articulated in the business plan, is that a violation of his Junk Dealer’s license; that is an issue that may or may not come up. Mr. Geiler stated if it was registered, it wouldn’t be a violation of anything. Attorney Co9nnors then stated if it was unregistered and he was repairing it, I would suggest on a personal level that he store it inside. Mr. Geiler then stated that he thinks if we can be clear that what you are applying for is a Junk Dealer License; NOT a Junk Yard License; that is what everybody wants to see – that it is not a junkyard. We don’t want to have junk vehicles leaking fluids, etc. and containers of whatever leaking and stored outside. We would love to see a flourishing Junk Dealer business that offers the community a mutually agreeable method of disposing of scraps and those types of things. In the end we both want the same thing; it’s really how we get there. These are the rules. If you think that there should be some changes, I’d be willing to work with you to work up some language. But not just saying you are going to will comply, and have these permits and never showing anybody the permits. That does not work for any of us. Attorney Connors understands and will work with Building regarding their requirements of containers in a particular industrial zone to make sure they are compliant; less contentious and work together as a Licensee with the Board. Mr. Geiler thanked him. Mr. Hoxie stated they will check with Building on the number of containers and all that…Attorney Connors stated he would but has a specific recollection at the show cause hearing in September ’07 from Robin that there IS no requirement – I believe on page 31 of the transcript. We will work with Building on this. Mr. Hoxie stated that later this morning there will be a public hearing on amending the Junk Dealer regulations and a public hearing on this. Mr. Sullivan seconded the motion made by Mr. Burman with Mr. Geiler’s stated restrictions as follows:

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Mr. Burman made a motion to approve the Junk Dealer license of Tim Ferrieira, d/b/a Mid Cape Metal Recycling, 31 G&H Thornton Drive, Hyannis with the restrictions that “No unregistered vehicles may be left outdoors on the property, no motor vehicles may be bought or sold under this license, no hazardous materials may be stored except minimal amounts required for normal building, cleaning or maintenance, no storage of junk, old metals or scrap metals or secondhand articles outside the building and no storage containers outside of the building on the property except for one trash container,” and there was a unanimous vote to approve it. Change of Hours: Application of I.G.A.P. Lima Corp., d/b/a Village Landing Restaurant, Gary Lima, Manager, 3226 Main Street, Barnstable MA, has petitioned the Barnstable Licensing Authority for a Change of Hours for their Common Victualler License. The extended hours proposed are daily from 7:00 am to 9:00 pm, rather than from 6 am to 6 pm as originally approved by the Licensing Authority. No-one appeared for the application. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue the application of I.G.A.P. Lima Corp., d/b/a Village Landing Restaurant, Gary Lima, Manager, 3226 Main Street, Barnstable MA, to 12/8/08 for a Change of Hours for their Common Victualler License. The extended hours proposed are daily from 7:00 am to 9:00 pm, rather than from 6 am to 6 pm as originally approved by the Licensing Authority. Change from Seasonal to Annual All Alcohol Club License: Application of Cotuit Highground Golf Club, Inc., Paul Heher, Manager, 31 Crocker Neck Road, Cotuit for a Change from a Seasonal All Alcohol Club License to an Annual All Alcohol Club License. Mr. Heher stated his membership has requested parties in the winter; basically they are requesting it for these events. Mr, Geiler stated that the Zoning department approached him Friday and stated that going from seasonal to annual is an intensification of the business and would require zoning relief. He stated other than time, this should not affect it but must be looked into. Mr. Heher reiterated they are changing nothing except being open all year round. Mr. Geiler stated the suggestion by Zoning that change to an annual license requires ZBA approval. Mr. Hoxie continued this hearing to 12/8/08 to see whether or not this needs Zoning approval in order for us to issue the license. Mr. Geiler stated we will initiate the contact with Zoning.

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Since several people came today to testify at this hearing, Mr Hoxie invited them to speak so they do not have to return. William Keto came forward saying he abuts the golf course. He is here to support the licensee as a good neighbor; but he has a concern with the license evolving into a year round liquor establishment – he does not want to see the clubhouse turn into a full time bar area – something like the Kettle Ho used to be. He stated Mr. Heher has been a great neighbor and will trust his assurance this will not happen. Dave Poina, 49 Windmill Lane, Cotuit spoke next. He plays golf year round. As it is now they have to go right home in the winter – he would like to be able to go into the establishment to watch TV, have a beer, etc. He is in favor of the year round license. Mr. Hoxie asked Mr. Heher to address the concerns of the abutter – Mr. Heher stated they will conduct the place as they are now. They will be closed by 11 pm. Mr. Hoxie continued the hearing to 12/8/08 and stated we will make contact with Zoning and let him know what he should do. Show Cause Hearing: A Show Cause hearing will be held at the request of the Barnstable Police Department for RCSJ Group, Inc., d/b/a Fresh Ketch, 460 Main Street, Hyannis, Raymond C. Roy, Manager, for violation of the Town of Barnstable Code Chapter 501-8 to wit: “It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times.” The Police Department will provide testimony as to May 24, 2008, June 1, 2008, July 5, 2008 and August 22, 2008. A violation was also reported for October 9, 2008 with regard to Town of Barnstable Code Chapter 501-10B to wit: “No entertainment at the licensed premises may be conducted in such a manner that the noise from the entertainment can be heard outside the boundaries of the premises.” Attorney Jeremy Carter sent a letter to the Licensing Authority requesting that this hearing be continued to the 12/8/08 meeting. The Authority approved the request and the hearing has been continued to 12/8/08. Show Cause Hearing: Show Cause Hearing on The Island Merchant, 302 Main Street, Hyannis Joe Dunne, Manager, at the request of The Barnstable Police Department which has reported to the Licensing Authority that on August 16, 2008, an undercover sting was conducted by the Barnstable Police Department under written guidelines adopted by the Town of Barnstable Licensing Authority and on August 16, 2008 it was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. This hearing was continued from 10/27/08.

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Mr. Hoxie read the hearing notice that on August 16, 2008 The Island Merchant, 302 Main Street, Hyannis Joe Dunne, Manager, holding an All Alcohol Common Victualler License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Joe Dunne appeared for the restaurant. Mr. Burman recused himself from this hearing and Mr. Hoxie stated that Commissioner Boy will sit for this hearing. Lt. JoEllen Jason answered that she and Officer Steve Maher would testify for the Police Department. Mr. Hoxie asked them all to raise their right hands and swear to tell the truth at this administrative hearing. All raised their hands and answered yes. Mr. Hoxie advised the Licensee we would hear from the Police Department first and that they would have a right to question the police and then testify on their behalf. Lt. Jason stated that she and Officer Maher are here representing the Barnstable Police Department, and that Officer Maher would be making the case. She stated she wanted to make an overview statement of how they came to be here today. She said that the two of them have worked for 2 ½ yrs – 3 yrs. as liaison officers with the Board, and that it took some time to learn and be comfortable with all the workings of the Board and what they do all the time. During that time, she stated they feel they have opened the communication with the businesses on Main Street, advising that noise complaints and disturbances are down. They have had great communication with the licensees in the Town. They have facilitated some informational seminars for license holders – two in 2007 and two in 2008, covering all of the alcohol license requirements, ID’s (fake and altered), overcrowding, noise complaints, over serving, under-age drinking and what stings are. Because there are only two of them, the rest being in enforcement and so busy, they have taken the philosophy that self-policing of the licensees is the best policy. They have tried to give them as much information as possible and have been open to any questions from licensees. They decided to test the philosophy to see how the licensees were doing. Recently on three separate nights stings were held – they are frankly a bit disappointed with the results. She stated there is more work to be done but took it as a learning experience. They visited approximately 88 businesses on the stings. They want to bring before us the fact that although there are some businesses before us, there were 48 businesses in compliance on those nights and at some point would they like to recognize those as being diligent. She stated there are a number of elements that are common to all of these hearings and stated they will present to us how the sting was put together first and then individually conduct the hearings. She stated that Officer Maher would give an overview of what they did on each night, this one being August 16th. They abided by the Sting Guidelines adopted by the Board a month or so ago. Officer Maher stated that they sent out a letter to all of the Liquor Licensees in the Town to invite then to informational sessions this year (showing a copy of the letter sent in his

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power point presentation) in June. There was someone from the ABCC in attendance as well. In the midst of those sessions they went over the sting guidelines (attached to these minutes and shown in his power point presentation). They went over how they would accomplish a sting and what they would do once they went to their establishments, down to the letter of how it would happen. All who attended were informed and shown the specific guidelines and how they would be used. As part of the sting procedure, there was an article in the Cape Cod Times on June 26th, a copy of which ad is attached to these minutes, advising that the police department was going to be going out using young people to test these establishments. During the June sessions they also suggested self testing of the establishments. On the nights of the stings, they brought in an underage officer, went over the guidelines with him, took a photo of him dressed as he was to go out on the sting, made sure he looked age appropriate, had no ID of any kind with him, he had no money except what was given him by the Police Department (they check before he goes out). He was asked to sign a release and a copy of the sting guidelines. He was told specifically to go into the establishment and ask to purchase one particular type of drink. In pouring establishments he was told to ask for a Bud Lite and to ask for a six pack of Bud Lite in package stores. In each case it was the same – to cut down on any confusion. If a question was asked by an employee he was told to leave. He was told not to offer a fake ID; there was no ruse used. He was just told to ask for the Bud Lite. He stated this is a learning tool; they want to keep lines of communication open. He read his report into the record for this establishment: On Saturday, August 16, 2008 at 2132 hrs. myself with Officer Jeffrey Marshall, age 20 in plain clothes conducted an undercover “sting” of The Island Merchant, 302 Main Street, Hyannis, Joe Dunne, Manager, following the guidelines of the Massachusetts Alcohol Beverage Control Commission for underage drinking stings. I observed Officer Marshall go into the establishment where he purchased one Bud Lite beer for $3.50 from a white female in her late 20’s with short blond hair possibly named Sara according to Marshall. After purchasing the beer Marshall left it on the bar and exited the establishment. Mr. Dunne took full responsibility – the bartender obviously made a mistake. He said they were understaffed that evening. He has spoken to the bartender who has attended the seminar given by the Police Department. A motion was duly made by Paul Sullivan and seconded by Richard Boy and a unanimous vote taken as to findings: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a

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Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being August 16, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there have been no prior violations. A motion was duly made by Paul Sullivan and seconded by Richard Boy and a unanimous vote taken to adopt the findings. A motion was duly made by Paul Sullivan and seconded by Richard Boy and a unanimous vote taken as to guilt of The Island Merchant, 302 Main Street, Hyannis, Joe Dunne, Manager, that on August 16, 2008, an undercover sting was conducted by the Barnstable Police Department under written guidelines adopted by the Town of Barnstable Licensing Authority and on August 16, 2008 it was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. A motion was duly made by Paul Sullivan and seconded by Richard Boy and a unanimous vote taken as to sanctions: Sanctions of 2 days were imposed, with one day to serve on August 16, 2009 and one day to be held in abeyance until that date pending any further Ch. 138 violations. Renewals: Junk Dealer License for remainder of 2008 until 4/30/09: Renewal of Junk Dealer License for Mid Cape Metal Recycling, 30D Thornton Drive, Hyannis, Tim Ferreira, Manager for the remainder of 2008 to 4/30/09. This renewal application did not go forward as the location is no longer where he will have his business. The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class I Auto Dealer renewals as submitted below: Class I Auto Dealers:

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Dick Beard Chevrolet Cape Cod Lincoln Mercury Buckler’s A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class II Auto Dealer renewals as submitted below: Class II Auto Dealers: Hyannis Auto Center All Cape Auto Sales HiLine Auto Sales Hyannis Auto Sales California Auto Sales - HOLD by Mr. Burman; withdrawn after clarification Oceanside Classics Cape Cod Cars and Trucks European Car Service Ziggy’s Auto Sales A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Lodging House renewals as submitted below: Lodging Houses: Fernbrook Inn Sea Beach Inn Honeysuckle Hill Cape Cod Ocean Manor The Long Dell Inn Craigville Conference Center – 125 Ocean Craigville Conference Center – 19 Vine Craigville Conference Center – 39 Prospect Craigville Conference Center – 1 Bluff Craigville Conference Center – 208 Lake Elizabeth (Inn) A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: Sbarro Italian Eatery D’Angelo Sandwich Shop – 793 Iyannough Road D’Angelo Sandwich Shop – 187 Falmouth Road Great House of Zou Mitie’s Sushi House

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Osterville Cheese & Sandwich Shop Honey Dew Donuts – 313 Iyannough Road Fame Food Mgmt. – CCCC CCH – Nutrition & Food Svcs. Friendly’s IHOP Dunkin Donuts – 702 Iyannough Road Dunkin Donuts - CC Mall Dunkin Donuts – 147 North Street Dunkin Donuts – 1220 Iyannough Road Dunkin Donuts – 317 Falmouth Road Dunkin Donuts – 627 Main Street Dunkin Donuts – 751 W. Main Street Dunkin Donuts – 156 Iyannough Road Dunkin Donuts – 3821 Falmouth Road Papa Gino’s – 790 Iyannough Road Bangkok Kitchen A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals as submitted below: Daily Non-Live Entertainment Papa Gino’s – 790 Iyannough Road A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Video Games renewals as submitted below: Video Games Papa Gino’s – 790 Iyannough Road A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday license renewals as submitted below: Sunday Entertainment Papa Gino’s – 790 Iyannough Road Business Meeting:

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Discussion on proposed modification to Junk Dealer Regulations by the Barnstable Police Department. Mr. Hoxie stated this will eventually require a public hearing – will the amendments be posted somewhere? Lt. Jason suggested the proposed changes to the Junk dealer requirements be placed on the website prior to the public hearing and that Officer Maher will put it into powerpoint form for the meeting. She stated these amendments were compiled from a number of other police departments in Massachusetts who have recently updated the ordinances and rules and regulations. It was also done at the request of their own detective division who finds that as the town grows along with the number of junk dealers there needs to be a tightening up of the regulations for these licensees because of catalytic converters, precious metals and so forth. It would also be helpful to add that “no Junk Dealer License authorize doing business from anywhere other than the licensed premises.” After today’s hearing I wondered though if it would be helpful to have a specified building for the license. Mr. Geiler suggested, No Junk Dealer may operate from any location unless specifically authorized by the Licensing Authority. Lt. Jason stated it is our document, we can add what we like, but they did not have anything like that in it but we may want to add it be a fixed location and not exercised from place to place. Officer Maher suggested a brought up by Mr. Geiler within the definitions of regulated property we also add a “J” to the rules collectibles – to add “collectibles” – decoys and things of that nature not specifically addressed in our definitions of the regulation. Mr. Geiler stated add a “J” Collectibles – Including objects of art, coins, currency and antique objects.” Mr. Hoxie stated we would add that after “I.” Mr. Geiler stated that the intent here is to get more specific because there are people who buy and sell secondhand items that don’t have the same lure as those people who may want to break into a home and steal. So making sure the items the police department and other enforcement agencies are interested in are included in here but not requiring somebody that is running a jewelry store and happens to have some secondhand jewelry that they offer would not have to keep the same records. This helps those businesses that the intent doesn’t really apply to, this is more like the pawn shop type license. Barnstable does not and is not authorized to issue pawn shop licenses, so the closest mechanism is the Junk Dealer, Secondhand Article requirement – that’s a growing business in town and at the same time the law enforcement agencies are experiencing a growth in missing items. Lt. Jason stated regarding punishments Mr. Burman had asked her what recourse is described in this regulation; according to Mr. Houghton the maximum you are allowed to assess is $300 per item per infraction, and each item would be a separate infraction.

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Mr. Hoxie asked could we spell out violation of the license results modification, suspension or revocation of the license? Officer Maher replied that is within the statute already. Mr. Hoxie also wanted confirmed the Town Attorney has reviewed the proposed changes, and Lt. Jason stated he has reviewed it. So we are going to make some changes; Mr. Geiler stated the Town Attorney’s changes have already been incorporated. Mr. Hoxie asked for further comment. Jim Crocker, Councilor 5, came forward and stated that we pass ordinances to empower people like yourselves to do the good things we need to do to protect our neighborhoods – we’ve had a very lengthy discussion today on some aspects of this particular business and he stated he was here to tell you all that he is quite proud of the stewardship that you took here and the conversations that came from all the professionals as well as the board members. The issue is huge; it is inviting an element that we don’t always want in our neighborhoods, and always, always with salvage we’re talking about the problem of groundwater discharge. So I had a chance to sit and see the way that you all handled this and how you all acted and prepared and also, I must say we treated the applicant, even though it was tenuous at times, with the respect that anybody deserves when they come before us. Again, hats off to the Chair and a great job by all of you. Mr. Hoxie stated there will be a public hearing on December 8th. Mr. Burman again requested a discussion on separation of alcohol and common victualler licenses, and commented he had requested Mr. Geiler look into what other towns do regarding the separation of Common Victualler and Alcohol Licenses. Mr. Geiler stated he had requested an opportunity to sit down with the Chairman but unfortunately his schedule did not allow that (Marty said he forgot) and Mr. Geiler said he had talked with ABCC investigators but could not reach the attorney for the ABCC They don’t track that information. The responses he got were that they believe what we do has been consistent over the years and also to be what 99% of the other liquor license authorities issuing suspensions in the state have done which is to close the entire premises. It is consistent with Town regulations of Barnstable which require the entire premises to be closed, and even go so far as to prohibit repairs or maintenance activity during the time of closure. Clearly under your own regulations the suspension is intended to be punitive. In restaurant cases, the vast majority (and I don’t even remember one that did not include closure of the entire premises). In the case of other communities and the ABCC as well that has also been the case. I do think there have been rare instances of a premises being granted closing of liquor privileges only with respect to stings. Sandwich and Falmouth were a bit more lenient with stings only. Mr. Geiler stated the authority is welcome to review decisions; and also that some licensees have requested trading days – a day in July will impact them much more than a day in the winter, etc. The concern is that the establishments for the most part have admitted their guilt and are ready to take their punishment. However, it does impact a whole lot of employees as well in the restaurants. Mr. Geiler will try to get something more definitive from the ABCC. He does think there is a huge difference. The ABCC offers a

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fine in lieu of suspension which we are not authorized to offer. That is available to the licensee to exercise. The amount of fine is in a preset formula which is not weighted at all by summer or winter. The opportunity to review this exists here as all of the suspensions from our stings are summer ones. When he spoke to them, Mr. Geiler stated that other towns weren’t sure they could find their minutes, etc., especially with respect to stings. Mr. Geiler stated the Town Attorney’s office and the Police Department could get together with them to propose alternatives. Mr. Burman stated that in no way is implying they are free of guilt but thinks the regulations are a little unfair – we could allow them to continue to serve food without alcohol. He thinks this is something we need to pursue and thinks he may have taken a different tack on the suspension times – giving them more without alcohol had they been able to stay open for food. Mr. Hoxie stated we have the authority to issue them a CV license for the suspension period. He also stated the suspension has been requested for the same DAY as the violation – not the same date. Mr. Geiler does not ever remember not asking an applicant if they understand and whether or not they have read the town regulations. The applicants just do not do this. The same penalties have been imposed for years and years only changing the number of days in the suspension. But the premises have always been closed for the timeframe. He asked if the regulations are still appropriate and whether or not they should be changed. Mr. Geiler suggested later in January, February or March would be a good time to have these discussions. Meeting was adjourned at 11:40 a.m. Respectfully submitted, ________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



December 8, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, December 8, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Request to Extend Hours for One Day: A request has been made by SPSS Enterprises, LLC d/b/a Asa Grill and Reputation, 415 Main Street, Hyannis, Mollie Lehane, Manager, holding an All Alcohol Common Victualler License, for a Change of Hours on New Year’s Eve, to close at 2:00 am. Alcohol service would terminate at 1:00 am as is presently authorized. The applicant did not appear as they were informed prior to this hearing by Licensing that there is a Town ordinance disallowing businesses to be open from 1 am to 3 am for food sales; and alcohol and entertainment are not allowed after the hour of closing of the entertainment on their current licenses. One Day Entertainment and Sunday Entertainment License: Application of Tanya Vincent on behalf of Coastal Dance Co., 49 John Maki Road, W. Barnstable, MA, for a One Day Entertainment License and Sunday Entertainment License for its 23rd annual Nutcracker Gala Ballet to be held at the Barnstable High School Performing Arts Center, West Main Street, Hyannis on Saturday, December 13, 2008 at 4 pm and Sunday, December 14, 2008 at 2 pm. Mr. Vincent appeared for the application. This is the 23rd annual event held at the high school. Mr. Hoxie asked the admission – it is $15 - $25. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the application of Tanya Vincent on behalf of Coastal Dance Co., 49 John Maki Road, W. Barnstable, MA, for a One Day Entertainment




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License and Sunday Entertainment License for its 23rd annual Nutcracker Gala Ballet to be held at the Barnstable High School Performing Arts Center, West Main Street, Hyannis on Saturday, December 13, 2008 at 4 pm and Sunday, December 14, 2008 at 2 pm. One Day All Alcohol Permit: Application of Michael Robinson, Cape Cod Young Professionals, P.O. Box 1302, Centerville, MA on for a One Day All Alcohol License and a One Day Entertainment License for a fundraiser event with a steel drum band on September 17, 2009 from 5:30 pm to 8:30 pm at Rectrix Aerodrome, Hyannis, MA. Continued from 11/17/08 to obtain State Fire Safety Certificate. The applicant withdrew their application until which time the venue at which they want to have this event can obtain a State Safety Certificate (Rectrix Aerodrome). New Annual Wine & Malt General on Premises License: Ryan Family Amusements, Inc., d/b/a Ryan Family Amusements, has filed an application for a new Annual Wine & Malt General On Premise License, 441 Main Street, Hyannis, MA, Peter A. Campbell, Manager. Alcohol service to be from 9 a.m. to 10 p.m.; noon on Sundays. Attorney Paul Tardif of Yarmouth Port appeared with the applicants, Peter Campbell and Rob Nichols. They are seeking a General on Premises license. Notice of Abutters proof was submitted prior to the application. Hours are now being requested from 9 am to 12 am and noon to 12 am Sundays. Mr. Campbell is the Manager at the Yarmouth facility for some years. There was a nice article in the paper recently about bowling establishments being more popular again. The Yarmouth venue has run with beer and wine along with its bowling. The alcohol will be limited only where indicated at the tables on the plan – right near the service desk; not at the lanes. All are TIPS trained. The abutter mailing did go to churches and schools which are noted on the application – they have had no notice of any problems with the school or churches in the area. Mr. Hoxie asked how it works – is there a bar? Attorney Tardif said there are 9 tables at which the alcohol could be served. You cannot sit at a bar. All employees are already TIPS trained. The Yarmouth license has existed for 7-8 years. Mr. Sullivan asked about the 20 seats at the tables – can the clientele walk through that area? You can go to the left or right and yes, you do have to walk through the area. Mr. Sullivan asked who could oversee the area. Mr. Campbell said there is a three person team overseeing the area. He said it has been almost 8 years in the Yarmouth facility with no problems. Officer Maher asked the question as to “absentee” manager; Mr. Campbell said there is a three management person team. What delineation will there be from the shoe sales area, etc. and the area with alcohol as to the under 18 employees? Mr. Campbell said those under 18 people will not be in the area with the alcohol. Lt. Jason presented a letter from Lt. Rooney in Yarmouth. The Yarmouth hours are until 1 am but they only use that in summer. The letter states 10 pm. What will it be in Hyannis? They stated 12 is when they close. Lt. Jason stated 1 is a problem as that is when the clubs let out.

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Mr. Hoxie asked if they would serve a person just walking in an not bowling? Mr. Campbell stated he does not anticipate that happening. Mr. Sullivan asked the Yarmouth percentage of alcohol in its revenue. He thought maybe 10%. Mr. Burman asked how they would handle the underage situation? Mr. Campbell is referring back to Yarmouth – they have a strict service policy – one drink per driver’s license – served in a translucent cup; no other type cups, so it is easy to see who has it. Mr. Campbell stated they need to be vigilant to watch who is drinking. The only issue they have had in Yarmouth is that a person came to the counter, bought a drink, took it to the table. If they see another person who has not been ID’d, they go to the table and tell them they cannot consume it. Mr. Hoxie asked if they would accept 9 am to 10 pm. Attorney Tardif stated they would prefer midnight. This site is smaller and has better sight lines than Yarmouth. Lt. Jason stated there is another license right next-door – she is not sure it needs it based on need. Attorney Tardif stated this is not a bar – it is entertainment first; they do not see if happening that people will come in just to drink. There is no outside signage. Mr. Geiler does not have a problem with even midnight; 1 he would. He stated we have several places with alcohol being a very small part of the business – like Cooke’s for example. He does not think this would draw the young people trying to get alcohol; those people would be more interested in a club venue. Mr. Sullivan states we do have something from Yarmouth stating they have no problems with their operation. Mr. Geiler wanted to get the description clarified – the game room is non-alcohol; the event rooms at the discretion of the management but not as wander in and out area for alcohol. He asked the Board to identify the serving area and the other rooms. Mr. Hoxie stated the concourse seating area is where the beer and wine will be restricted to and they agreed. A motion was duly made by Gene Burman and seconded by Paul Sullivan. and a unanimous vote taken to approve the application of Ryan Family Amusements, Inc., d/b/a Ryan Family Amusements, for a new Annual Wine & Malt General On Premise License, 441 Main Street, Hyannis, MA, Peter A. Campbell, Manager. Alcohol service to be from 9 a.m. to 10 pm; noon on Sundays for alcohol service 9 am to 10 pm, noon to 10 on Sundays with alcohol located only in the concourse area and function rooms when there is an event, and no alcohol in the game room only. Mr. Sullivan made a motion at the request of counsel to amend the motion to approve the application of Ryan Family Amusements, Inc., d/b/a Ryan Family Amusements, for a new Annual Wine & Malt General On Premise License, 441 Main Street, Hyannis, MA, Peter A. Campbell, Manager. Alcohol service to be from 9 a.m. to 10 pm; noon on Sundays for alcohol service 9 am to 10 pm, noon to 10 on Sundays with alcohol located only in the concourse area and function rooms when there is an event, and no alcohol in the game room or bowling lanes area. A second motion was duly made by Gene Burman at counsel’s request that schools and churches within 500 feet have been notified and no objection has been filed.

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Attorney Tardif requested the Board to look at a possible new fee for Beer and Wine only for a General on Premise License for the future; as it stands now there is only a full alcohol license for General on Premise licensees. Mr. Hoxie stated it will be noted. Amendment to Class II Auto Dealer Liocense to add second property: Application of Zinov Business Enterprises, Inc., d/b/a MBM Auto Sales, Irena Zinov, Manager, 115 Iyannough Road and 500 Yarmouth Road, Hyannis, for an Amended Class II Auto Dealer License to include a second property at 115 Iyannough Road, the hours of operation to be 9 am – 7 pm. Total vehicles on the lot at 115 Iyannough Road – 46. Total vehicles on the lot at 500 Yarmouth Road – 23. Mrs. Zinov appeared to advise this is a new location for the license with a total of 46 vehicles; the same as the current license at that property. Mr. Geiler stated this should be treated as a second license at a new property – we have no objection to having the 2 locations, but how can she handle both? She stated she will be at one and her husband at the other – she will be the manager of record at both locations. Officer Maher stated he recently checked the Yarmouth Road location and found they are storing vehicles off location – this was about 3 weeks ago. There are vehicles stored somewhere else – not at either of these locations. He wondered if they would now keep all vehicles at the new and existing licensed locations. Mrs. Zinov said yes, they would. Officer Maher asked that they not be kept at any other location. Mr. Geiler stated the notice was sufficient as it ran even though it referenced amendment rather than a new license. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to issue a new Class II Auto Dealer License with total vehicles on the lot to be 46 subject to approval by the Building Commissioner and no off-site storage. Amendment to Class I Auto Dealer License: Application of Yarmouth Road, Inc., d/b/a Premier Cape Cod, Joseph Laham, Manager, 460 Yarmouth Road, Hyannis, for an Amended Class I Auto Dealer License to change the corporate name from Yarmouth Road, Inc. to 499 Route 6A, Inc. Everything else is to remain the same as the current license. Mr. Laham stated this hopefully is the last change. The corporate name needs to be changed as they have two corporations and are consolidating them into one. Chrysler, Dodge and Jeep are all at 460 Yarmouth Road now. He stated they are doing well. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Yarmouth Road, Inc., d/b/a Premier

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Cape Cod, Joseph Laham, Manager, 460 Yarmouth Road, Hyannis, for an Amended Class I Auto Dealer License to change the corporate name from Yarmouth Road, Inc. to 499 Route 6A, Inc. New Lodging House License: Application of Sandra Lee Walker and James M. Walker for a new Lodging House License at 511 Ocean Street, Hyannis MA, Sandra Lee Walker, Manager. Attorney Princi appeared for the applicants. He explained that back in 1996-97 this had a lodging house license. A special permit was granted allowing the 3 buildings there to be used. This permit passed on from owner to owner. A condition to the permit was that a lodging house license must continue there. For whatever reason the license discontinued for a number of years; however, building and health inspected it yearly but the lodging house license lapsed. It came to light this year that the property might have a violation. Charlie McLaughlin dealt with the case in the District Court with a stipulation that Attorney Princi come in and obtain a lodging house license for this property. The 4 units as indicated are being requested with the parking in front. There are sinks but no kitchens. There is a “common kitchen” in the basement. At present the owner resides there with 2 boarders – the 4th bedroom is not occupied at present. Mr. Burman, while reading the ZBA regulation, wondered if it is not shared parking; Attorney Princi stated the parking is in front and they are instructed to back in so they can pull out frontward. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Sandra Lee Walker and James M. Walker for a new Lodging House License at 511 Ocean Street, Hyannis MA, Sandra Lee Walker, Manager for a new Lodging House License. Attorney Princi stated they have also filed a renewal of this license for 2009. Change of Hours: Application has been made to the Barnstable Licensing Authority by O’Charley’s, Inc., d/b/a 99 Restaurants/Pubs, 1600 Falmouth Road, Centerville, Thomas Hann, Manager, for a Change of Hours for their Annual, All Alcohol Common Victualler License. The hours proposed are Sunday 11 am – 10 pm, Monday – Thursday 11 am – 11 pm, Friday & Saturday 11 am – 12 am. Christine Ade reported that this application was withdrawn at the request of the corporation. New Annual Common Victualler Wine & Malt License: Application of Pain D’Avignon II, Inc., d/b/a Pain D’Avignon, 15 Hinckley Road, Hyannis, Mario Mariani, Manager, for a new Annual Common Victualler Wine & Malt License, the hours of operation to be 6am to 10 pm, alcohol service from 8 am to 10 pm, for a total of 40 seats (including up to 16 outside on a patio in front of the building).

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Attorney David Lawler appeared with Mario Mariani and two other principals. They have operated the bakery for some years – 16. A few years ago they had a fire and have rebuilt. The bread is very fine – produced for New England wholesale and restaurants. They recently opened a café. Attorney Lawler stated they were shut down for 6-7 months and paid their whole staff while being closed. The food is very good. They have 40 seats – 24 inside and 16 outside. The request here is for a beer and wine license – they had requested cordials but know we do not have that. They have asked for 8 am to 10 pm. There is a need in this area – it is upscale with excellent food. They believe the alcohol would complement the license. There are no other restaurants close by with alcohol. Mr. Mariani has been in the business 20-30 years. He has been at Abbicci, Mickey Mantle’s Sports Bar in New York. All will be TIPS trained prior to serving the 1st drink and they are Serv Safe certified. There is easy control with respect to the alcohol. Mr. Hoxie asked if there was food to go there? Attorney Lawler stated there is to go. Mr. Burman asked if they are requesting a 2009 license? They stated they are. The café has been open since July. Mr. Burman asked about entertainment license……it is checked off “yes.” However, Attorney Lawler stated they are not looking for it in the immediate future but he advised them to at least let the Board know they may want to have it in the future. There are no residential abutters. Mr. Burman asked if we need Town Manager approval for the outside area and Mr, Geiler stated we do not; it is on private property. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the new wine and malt license for 2009 for alcohol 8 am to 10 pm with a total of 40 seats including 16 outside on the patio. Change of Location: Application has been filed by Hyannis Blanchards, Inc., d/b/a Hyannis Blanchards, 226 Falmouth Road, Hyannis, holding an All Alcohol Retail Package Store License, Donald J. Corey, Jr., Manager, for a change of location to 167 Corporation Street, Hyannis. Attorney Lawler appeared with Mr. Corey for this application. They have an excellent record but one small blemish. They have to move their location. With respect to the new location – it has been advertised and there is not a church, school or hospital within 500 feet. The customers they have now would be served well here as it is just ¼ mile down the road. They believe the new location provides easy access, and would be a good location for their new operation. Mr. Hoxie asked how long the lease is for. Attorney Lawler stated 15 years. A motion was duly made by Mr. Burman, seconded by Paul Sullivan and a unanimous vote made to approve the application of Hyannis Blanchards, Inc., d/b/a Hyannis Blanchards, 226 Falmouth Road, Hyannis, holding an All Alcohol Retail Package Store License, Donald J. Corey, Jr., Manager, for a change of location to 167 Corporation Street, Hyannis for a 2009 license. Change of Hours: Application of I.G.A.P. Lima Corp., d/b/a Village Landing Restaurant, Gary Lima, Manager, 3226 Main Street, Barnstable MA, has petitioned the

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Barnstable Licensing Authority for a Change of Hours for their Common Victualler License. The extended hours proposed are daily from 7:00 am to 9:00 pm, rather than from 6 am to 6 pm as originally approved by the Licensing Authority. Continued from 11/17/08. No-one appeared for the application. Mr. Hoxie continued it to 12/29/08. After hearing it was learned that the applicant wishes to withdraw the application. Change from Seasonal to Annual All Alcohol Club License: Application of Cotuit Highground Golf Club, Inc., Paul Heher, Manager, 31 Crocker Neck Road, Cotuit for a Change from a Seasonal All Alcohol Club License to an Annual All Alcohol Club License. Continued from 11/17/08. The applicant has requested continuance to 3/16/09, which was granted by the Board. Request to Close: Request of VN Management Corporation, d/b/a Cape Cod Inn, 447 Main Street. Johnny Vo, Manager, to close its premises from January 4, 2009 to March 19, 2009 for general maintenance, repairs and renovations. Johnny Vo appeared to request closing from 1/4/09 to 3/19/09. He will be doing some repairs and installing a new beer cooler – no interior changes requiring alteration of premises application. Mr. Burman asked if they will be doing this every year. His thinking is that maybe they should change to a seasonal license? Mr. Vo does not want to request that yet. A motion was duly made by Mr. Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request to close as submitted. Show Cause Hearing: Show Cause Hearing for Rollback of Hours for Shanghai Chinese Restaurant, Inc., 11 Ridgewood Avenue, Hyannis, Henry Yang, Manager, at the request of the Licensing Authority to hear comments relative to the public need to decrease the hours for the sale of alcoholic beverages at the premises due to testimony provided by officers of the Barnstable Police Department at a public hearing held by the Licensing Authority on October 27, 2008, raising concerns with respect to late night activities at the premises and the impact on the neighborhood and welfare of the community. This hearing was announced by Chairman Hoxie as being held because at the hearing October 27th concerns were expressed about late night activity and the welfare and safety of the community which might necessitate a rollback of the closing hours. He swore in the witnesses for the hearing. The Barnstable Police Department, through Officer Steven Maher, presented the case for the Barnstable Police Department. He referenced problems starting 12/07:

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12/4/07: A&B with a dangerous weapon (9:24) 12/12/07: sale of drugs inside the establishment (8:21) 12/25/07: disturbance and altercation in parking lot (10:12) 2/8/08: drug activity in the parking lot (9:57) 5/10/08: mother reported underage drinking (11:19) 5/11/08: subjects going in and out, in and out (12:14) 6/5/08: Noise in parking lot (10:30) 7/11/08: intoxicated person in bar (10:56) 8/16/08: Fight in bar (12:02) 911 call but when police arrived everyone refused to speak to the police officers 8/22/08: suspicious activity (1:00) argument Attorney Robert Mills did not ask Officer Maher any questions at this point after being asked if he had any questions by Chairman Hoxie. Mr. Hoxie asked for their response to the allegations. Attorney Mills stated he unfortunately was unable to attend the church meeting held a few weeks ago and suggested by Mr. Hoxie that they attend. There have been problems in the neighborhood and there are a lot of homeless, transient people in the area. Mr. Yang is there 7 days per week; will now be there more hours then he has been in the past – will now be there until 12-12:30 am. Lucy has now come to understand that people going in and out so often may mean drug problems – she was not so in tune with this or with the concept of the restrooms being for patrons only. They themselves have found it difficult on Friday nights more than any other time. They are proposing to cut back if we see fit to Monday - Thursday midnight and Friday & Saturday 12:30; summer hours 12:30 every night. Given the economy, it is challenging to make it in any case after having the rent and the trying to keep the low cost of the food. They are aware of the situation and Henry is committed to spending more time there particularly Friday and Saturday nights when it is busiest and to keeping the peace in the area. Mr. Hoxie asked if any of the calls are before 11 pm? Officer Maher stated most are after 10 pm; and also none are the homeless or transients as indicated by the attorney; he stated he respectfully disagreed. From personal experience and interviews he has had with other officers responding to that location, the crowd is very young and are people known to the police department and many are drug dealers/users. They go from there to other establishments on Main Street. He inferred that they are taking

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advantage of these people (the restaurant owners/workers) as they are seen to not be so savvy as to the drug business. Mr. Hoxie asked Attorney Mills for comments; he stated it is not so much the homeless but transiency; he said he goes there every once in a while for lunch and to him there is a sense of transicency there as well. Mr. Hoxie stated it is up to the Board to determine what best serves the community. Based on the number of arrests and number of calls to the police which are numerous, in his opinion some type of decrease needs to be implemented. We are allowed to decrease the hours to 11 pm by law; it is presently 1 am. He asked for a recommendation from the police. Officer Maher stated a rollback to 11 pm would be their recommendation at present. Mr. Burman asked about the hearing a few weeks ago; he asked Mr. Mills if in the consultation with his clients, did he get through to these applicants because of the language barrier? He stated he knew Mr. Yang operated a successful business in Mashpee as he has been in there many times. He said he is disappointed we are facing this situation. Attorney Mills said he feels he HAS gotten through; Mr. Yang wasn’t there but is a better communicator , and Lucy has become quite good herself and is now not so naïve as she had been in the past and appreciates the significance of this action. He asked for more consideration than 11 pm stating it is a busy time for Chinese food after 11 pm. They cannot afford to hire a doorperson. Henry will have to spend more time there. If there is a way to separate the food from the beverage that might work, but he stated we have not gotten into that separation yet. The food is critical to their business. Mr. Hoxie asked for public comment. Cynthia Cole wanted to comment that while this business is not in the BID, and she has respect for Mr. Mills, but there have been many many comments and complaints within the BID about this establishment and its problems including drugs. She thinks the Board should be very careful in its decision making. Officer Maher stated that in observation of this establishment, even for compliance checks, the people are NOT there to eat – most are local, young people hanging out in the bar area and outside. Mr. Hoxie stated from the basis of the evidence heard it is his opinion this establishment needs to change direction, change the clientele. He stated it is his opinion the license should be modified to 11 pm closing. Whether or not it is deserving of increased hours in the future remains to be seen. Mr. Burman asked if the motion should be for the alcohol sales only or the total restaurant; Mr. Hoxie stated the whole restaurant; it is an All Alcohol Common Victualler’s License. Talking about drug sales, etc., he believes the whole place should close earlier.

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A motion was duly made by Mr. Burman with respect to the Show Cause Hearing on for Rollback of Hours for Shanghai Chinese Restaurant, Inc., 11 Ridgewood Avenue, Hyannis, Henry Yang, Manager, at the request of the Licensing Authority to hear comments relative to the public need to decrease the hours for the sale of alcoholic beverages at the premises due to testimony provided by officers of the Barnstable Police Department at a public hearing held by the Licensing Authority on October 27, 2008 as to findings that the BPD has found the following situations: 1. The rules and regulations of the town were not readily available and the employees had not read the regulations 2. Posting and signs were not complied with 3. The premises allowed children in the kitchen behind the bar 505-5 g 4. Chapter 501-7b no drink price list was available 5. Chapter 501-8 a & c lack of supervision; allowing patrons loitering inside and outside in the parking lot 6. Chapter 501-12; illegal activities - failure to pay attention to activities of known drug users, dealers, due diligence of stopping patrons from making unusually frequent trips in and out of the restrooms. Mr. Sullivan seconded the findings and a unanimous vote was taken to adopt these guilty findings. A motion was duly made by Mr. Burman and seconded by Paul Sullivan to decrease the hours of operation to 11 pm. A unanimous vote was taken to decrease the hour of closing to 11 pm. Show Cause Hearing: A Show Cause hearing will be held at the request of the Barnstable Police Department for RCSJ Group, Inc., d/b/a Fresh Ketch, 460 Main Street, Hyannis, Raymond C. Roy, Manager, for violation of the Town of Barnstable Code Chapter 501-8 to wit: “It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times.” The Police Department will provide testimony as to May 24, 2008, June 1, 2008, July 5, 2008 and August 22, 2008. A violation was also reported for October 9, 2008 with regard to Town of Barnstable Code Chapter 501-10B to wit: “No entertainment at the licensed premise may be conducted in such a manner that the noise from the entertainment can be heard outside the boundaries of the premises.” Continued from 11/17/08. Mr. Hoxie read the hearing notice for this establishment and he then swore in the witnesses. Officer Steven Maher presented the case for the Barnstable Police Department. He listed the following calls: 6/20/07 (11:57 pm) noise complaint 6/22/07 (12:15 am) drinks on patio (agreement had been made for no drinks on that patio after 11:30) 7/10/07 (12:31 am) fight in front of the establishment

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7/27/07 (1:16 am) groups exiting establishment were not moved along by staff (who were inside the building). This is a violation of Town rules and regulations 7/28/07 (12:51 am) fight between 2 females 8/3/07 (12:40 am) band still playing after 12:30 8/17/07 (1:33 am) Intoxicated male at the establishment 9/22/07 (10:33 pm) loud music coming from the establishment; S. Roy was told to turn down the music 9/29/07 (1 am) disturbance when an intoxicated male threw a beer bottle at the bar 5/24/08 (12:16 am) noise complaint called in by a hotel 5/24/08 (1:38 am) patrons in the bar after 1:30 curfew 5/25/08 (11:43 pm) loud music 6/1/08 (1:37 am) disturbance at bar 6/28 (12:31 am) loud music – Officer Maher spoke with Stephen Roy who said the band didn’t listen to him in which conversation he asked Officer Maher to talk to the band as they “didn’t listen to me” 7/5/08 (12:13 am) another disturbance – the officer who responded said it was hard to hear what was being said by the people involved because the music was so loud 7/20/08 (5 pm) music outside on the patio without license for outside entertainment 8/14/08 (1:00 am) fight 8/22/08 (10 pm) 2 intoxicated persons arrested outside 9/24/08 (11:38 pm) loud music again 10/9/08 (12:34 am) loud music again coming from the establishment. Officer Maher said the noise complaints were from a hotel or officers cruising by (himself included on 3 particular occasions). He said he starts to hear the music around Pearl Street and because there are several establishments in the small area, as he gets closer he establishes where it is coming from. The Manager of record has never been there after 11 pm – all conversations were with Steven Roy. He has a problem with that as this person does not seem to be able to or want to control the situation. Jeremy Carter appeared for Fresh Ketch. He stated he is glad we are dealing only with the dates in the notice and the noise as if we were going to make a decision on all the dates brought forth he would have to ask for a continuance. Mr. Hoxie asked to focus on the dates in the hearing notice specifically. Officer Maher stated the noise is the issue with this establishment. Raymond Roy is in from 6 am to 4 pm, his son coming in later as well as another manager. Everyone is serv safe and TIPS trained every year. They were not involved in the sting this past summer. He advised that yes, Officer Maher has spoken to Steven Roy several times and Mr. Roy has tried to work very hard with this neighbor at the hotel to address his concerns. Attorney Carter did advise that Mr. Roy addressed the noise problems the last time by closing the windows, having the band turn it down and it is his understanding since July there has been no problem. They have made every effort to curtail the noise since these incidents. They are vigilant wit the exterior and all in all are trying to be a good neighbor.

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Mr. Hoxie asked Officer Maher about the charges on not having a high degree of supervision – the manager of record is never there at the times the problems are occurring. The second charge each date is the noise. Attorney Carter represented that the manager IS Steven Roy later at night, but Mr. Hoxie stated that it is the father, whose name is on the license, who is ultimately responsible. Mr. Hoxie asked for public comment. Mr. Eaton came forward from the Hyannis Inn Motel. He stated he has called 11 times this year about the noise. He does grant that they have made improvements. His feeling is that even one complaint is one too many. He stated they are trying to communicate but having so many complaints from hotel guests is not acceptable. Mr. Eaton did not protest the increase in number of entertainers by trying to be a good neighbor himself when they recently requested that change, but now has second thoughts. The last complaint was 9/24 – South Street and High School Road. The noise was the worst of the season. It was represented that bands were stopped Thursday through Sunday, just karaoke recently. April to October is the entertainment season for the live bands. Attorney Carter stated the opening of the windows when it gets hot seems to be a problem. Officer Maher stated that time and time again they have spoken with Steven Roy about the windows and keeping the noise down. One weekend in particular they had a band from out of town they were concerned about and even that night the manager of record on the license was not there to control it. He also stated the problems outside the establishment ARE problems for this establishment – they need to pay attention to keep moving the people along after they exit. Attorney Carter told the board he does not think they should be responsible for traffic on Main Street. Mr. Hoxie stated he thinks perhaps the manager of record should change his hours and cover the later periods as it is not working the way it is. Mr. Hoxie is not satisfied as to anything he has heard with respect to control after he leaves. Attorney Carter stated they will keep the windows closed and Mr. Raymond Roy will speak to each entertainment group prior to their performing about noise issues. They will look into more soundproofing. Officer Maher stated that in the past they have not looked at capacity for each room – the one with all the windows has a capacity of 35-38 and they are well OVER that on many nights. If the capacity is enforced maybe that room would not get so warm and need the windows to be opened. Steven Roy came forward saying he graduated BHS 1999; he is the manager at night. He has tried very hard whenever the police have brought up issues. He said his dad also owns Salty’s in Yarmouth. He and the other manager are in 7 days per week. He is trained; he stated the one time the windows were open he was unaware of it – regarding the sound situation, he has come to understand the bands do create noise – he has told them they can be fined $100 per band member by the police. They stopped the bands Friday nights which has affected their business. He further stated that nothing has fallen on deaf ears – he stated he is very aware of the problems. He stated he is all about food – the food is first and the rest second. He feels he is doing a very good job. He does not drink while at work and is aware of who is coming in and out.

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His customers had requested the band which caused the problems and they have now stopped inviting that band. Raymond Roy spoke up because he felt this is a personal attack. He has been in the business for 30 years. He is very proud of his management team. They have all been certified more than any other team in the area. He stated 40 of his total employees go to specialized training. Raymond Roy thinks it is unfair for him to be targeted because his hours are different than Officer Maher’s hours. There IS a manager on duty at all times. He remembers last year Officer Maher commended Steven Roy as trying to work closely with the police. The entertainment once went over by 5 minutes and they were issued a warning. They were in support of the 12:45 closing of entertainment to help the police department. They will be open next year but feels the Town restrictions are very strict. He does not understand why we would want the manager on the license changed; Yarmouth has PIC’s – “persons in charge.” Mr. Hoxie stated the noise violations are the responsibility of the licensee. The problem is noise and the problem of lack of supervision is that the noise still continues after they have been spoken to over and over again. Mr. Hoxie stated he would like to continue this hearing at present. Attorney Carter said they will take the time to address the noise issues prior to the next hearing. Mr. Burman states this seems like a recording of the last time Mr. Eaton complained and had noise problems. Yet it continues. Mr. Burman thinks the problems are magnified as the location is run as a nightclub later in the evenings. Mr. Sullivan stated it bothers him that Mr. Roy would think Officer Maher is singling them out or treating them unfairly. He also said it is key for them to pay attention to what type of entertainment has caused the problems. The season starts up in April so Chairman Hoxie asked that they communicate with the police department in the interim. Mr. Hoxie asked to continue this for a date specific to address at that time. Mr. Hoxie continued the hearing until May 18, 2009. Mr. Burman made the motion and Mr. Sullivan seconded it and there was a unanimous vote to continue the hearing to May 18, 2009. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler All Alcohol renewals as submitted below: Common Victualler All Alcohol: Alberto’s Ristorante

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Jack’s Lounge Wimpy’s Hyannis Golf Club The Dolphin Barnstable Restaurant and Tavern Outback Steakhouse The Dragonlite Fazio’s The Dolphin Kobi House The Olive Garden Shanghai Chinese Restaurant Wianno Grill A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler Wine & Malt renewals as submitted below: Common Victualler Beer & Wine: Craigville Pizza & Mexican Café at the Airport Golden Fountain New England Pizza House #1 The Original Gourmet Brunch Ying’s A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Club All Alcohol renewals as submitted below: Club All Alcohol: Oyster Harbors Club Hyannis Yacht Club A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Innholder All Alcohol renewals as submitted below: Innholder All Alcohol Cape Cod Inn Cape Codder Heritage House Restaurant International Inn

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the General on Premises All Alcohol renewals as submitted below: General on Premises: Dennis F. Thomas Post #2578 VFW A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Package Store All Alcohol renewals as submitted below: Package Store All Alcohol: Barnstable Bottle Shoppe Barnstable News Store Blanchard Liquors Cape Cod Package Store Cotuit Grocery Cotuit Liquors Craigville Package Store Fancy’s Farm Market Hyannis Package Store Luke’s Super Liquors Osterville Package Store Parker’s Discount Liquors Seven G’s Liquor Shoppe Willow Package A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Package Store Wine & Malt renewals as submitted below: Package Store Wine & Malt: Big Daddy’s Pizza Christy’s of Cape Cod Mini Food Mart Sea Street Market The Wine List Willow Tree Market A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment renewals as submitted below:

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Daily Live Entertainment: Alberto’s Ristorante Border’s Oyster Harbors Club Hyannis Golf Club Barnstable Restaurant & Tavern Cape Cod Inn Cape Codder Hyannis Yacht Club Heritage House Restaurant International Inn Dennis F. Thomas Post #2578 VFW A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals as submitted below: Daily Non-Live Entertainment: Alberto’s Ristorante Jack’s Lounge Regal Cape Cod Cinema 12 Craigville Pizza & Mexican Hyannis Golf Club Barnstable Restaurant & Tavern Cape Codder Dennis F. Thomas Post #2578 VFW New England Pizza House #1 A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday Entertainment renewals as submitted below: Sunday Entertainment: Alberto’s Ristorante Jack’s Lounge Regal Cape Cod Cinema 12 Border’s Craigville Pizza & Mexican Oyster Harbors Club Hyannis Golf Club Barnstable Restaurant & Tavern Cape Cod Inn Caper Codder Hyannis Yacht Club

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Heritage House Restaurant International Inn Dennis F. Thomas Post #2578 VFW A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Automatic Amusement/Video Games renewals as submitted below: Automatic Amusement/Video Games Jack’s Lounge Regal Cape Cod Cinema 12 Craigville Pizza & Mexican Cape Codder New England Pizza House #1 A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class I Auto Dealer renewals as submitted below: Class I Auto Dealers: Ford of Hyannis Land Rover Cape Cod Hyannis Honda A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class II Auto Dealer renewals as submitted below: Class II Auto Dealers: Capewide Auto & Marine II Willow Street Motors Harbor Auto Sales Brico Autoworks Capewide Auto & Marine II Willow Street Motors Harbor Auto Sales Cape Motors Jack Ellis Foreign Auto Cars for Kindness Hyannis Honda Body Shop Liberty Motors

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to continue the Class III Auto Dealer renewal as submitted below to its 12/29/08 hearing: Class III Auto Dealer Blackburn’s Auto Salvage A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Lodging House renewals as submitted below: Lodging Houses: Green Mountain Inn B&B Beechwood Inn Acworth Inn Lamb & Lion Bursley Manor High Pointe Inn The Hillcrest B&B Yarmouth Road Lodging House Edmund J. Flynn Craigville Beach House Walker Lodging House (on for approval today as well) A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: The Mills Restaurant Noah’s Wrap Willow Tree Market Katie’s Ice Cream Aegean Pizza Ship’s Belle Panera Bread Egg & I Border’s Craigville Beach Grill Casual Gourmet Casual Gourmet Express Barnes & Noble Craigville Beach Assn Snack Bar McDonald’s – 654 Route 132 McDonald’s – CC Mall Unit F111

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McDonald’s – 175 North Street White Hen Pantry – 2946 Falmouth Road Sunnyside Restaurant Wendy’s Cape Cod Chocolatier Little Sandwich Shop Kennedy Rink Snack Bar Cape Cod Chicken Village Landing Restaurant The Barnacle Hot Diggity Dogs Common Ground Spiritus Pizza Brown Bag Bagels Amandine A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Cinema/Theatre renewal as submitted below: Cinema/Theatre: Regal Cape Cod Cinema 12 Business Meeting: Junk Dealer Regs changes – advertise and put on for 1/12/09. Show Cause Hearings to be put on 1/12/09 for Class II Auto dealers with too many vehicles. Discussion of Board on 12/29/08 as to suspension penalties. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



December 29, 2008 A regular meeting of the Barnstable Licensing Authority was held on Monday, December 29, 2008. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Request to Close: Request of WKC Corp., d/b/a Misaki Restaurant, 379 West Main Street, Hyannis, Karen L. Butler, Manager, to close from 1/1/09 to 1/31/09 for renovations, and general clean up. Ms. Butler appeared for her application. They would like to do minor renovations- painting and general maintenance since buying the restaurant in May. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the request of WKC Corp., d/b/a Misaki Restaurant, 379 West Main Street, Hyannis, Karen L. Butler, Manager, to close from 1/1/09 to 1/31/09 for renovations, and general clean up. New Annual All Alcohol Common Victualler License: Application of Robin’s Nest Grill, Inc., d/b/a Eclectic Cafe, 606 Main Street, Hyannis, MA, Robert A. Najarian, Manager, for a New Seasonal All Alcohol Common Victualler License. Dr. Najarian appeared along with Mr. Rosario regarding this application. Commissioner Sullivan recused himself from this hearing. They wish to reopen the Eclectic Café much the same as it was previously and seasonally. He owned a restaurant in Marshfield for 5 years and a restaurant on Sea Street for two years. They will open in April – striving for the 1st. They will close in October. Dr. Najarian will be the hands-on manager. This is only open for dinner. He will be running his dental practice daytime. Joseph Chili is here with his wife as the landlords who will be with them pretty much 7 days per week while they open. They have had lengthy discussions with Dr. Najarian and are




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thoroughly convinced this will be an asset to the west end. They will be as cooperative with the other tenants as possible. They will run 11:00 am to closing at 12;45. A motion was duly made by Gene Burman and seconded by Mr. Hoxie and a unanimous vote taken to approve the application of Robin’s Nest Grill, Inc., d/b/a Eclectic Cafe, 606 Main Street, Hyannis, MA, Robert A. Najarian, Manager, for a New Seasonal All Alcohol Common Victualler License, the hours to be 11 am to 12:45 am. Change of Location and Change of d/b/a on Common Victualler Wine & Malt License: Application was made by Carol A. Williams, d/b/a La Petit Maison, 1304 Main Street, Osterville, Carol A. Williams, Manager for a Change of Location to 50 Sea Street, Hyannis and a Change of D/B/A to Cape Cod Epicurean. Mrs. Williams appeared for her application to change her location to 50 Sea Street, Hyannis. It was formerly the Black Bean Café and Collucci Bros. Diner. She is renewing her restaurant license with wine and malt in Osterville to transfer it to the new location. Mr. Geiler stated there is an option to open as soon as she would like after inspections for food only without the alcohol. Mrs. Williams would like to do that. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Carol A. Williams, d/b/a La Petit Maison, 1304 Main Street, Osterville, Carol A. Williams, Manager for a Change of Location to 50 Sea Street, Hyannis and a Change of d/b/a to Cape Cod Epicurean. and to allow her to open with the Common Victualler License prior to approval of the alcohol license. Change of Manager: Application of Not Your Average Joes, Inc., 793 Iyannough Road, Hyannis, MA, Stephen Wenzel, Manager for a Change of Manger on the All Alcohol Common Victualler License to John Armstrong. Michael Minicello, HR Director, appeared with Mr., Armstrong. Mr. Hoxie asked about his experience in serving alcohol – he is 42 now and has been in this business for 20 years. Mr. Burman noted in the record there have been a couple alcohol-related incidents – he admitted to having 2 OUI’s 1989 and 2006 and has completed the alcohol program and probation with regard to those. Mr. Burman asked if he was aware it could affect his being approved for this position. The HR Manager stated they are aware of this problem and are more than confident that he can oversee this business properly. The corporation is very confident in his abilities. Mr. Sullivan asked him about his time at NYA Joes – it is 3 ½ years. Presently he is the general manager of the Hyannis restaurant, being Assistant Manger prior to that. Mr. Sullivan asked if he had any help in filling out the application; he stated yes. The HR Manager stated they have laid off 430% of staff; errors have been made in the applications lately as administrative staff has been cut back. Due to lack of staff this occurred. The Director of Human Resources assured the Board that they are fine with Mr. Armstrong and hope the Board will see fit to approve the application. Mr. Armstrong stated for the record he did not intentionally mislead the Board by checking the wrong box on his application.

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Not Your Average Joes, Inc., 793 Iyannough Road, Hyannis, MA, Stephen Wenzel, Manager for a Change of Manger on the All Alcohol Common Victualler License to John Armstrong; taking into account that the HR Director and the corporation fully supports Mr. Armstrong in this application and the error he made in filling out his paperwork. Annual All Alcohol Common Victualler License tyo Seasonal Common Victualler License: Application of SPSS Enterprises, LLC, d/b/a Asa Grill & Reputation, Mollie T. Lehane, Manager, 415 Main Street, Hyannis for a Change from an Annual All Alcohol Common Victualler License to a Seasonal All Alcohol Common Victualler License. Attorney Steve Pizzuti appeared with his client, owner Shane Pacheco,for this application. They are requesting the change to a seasonal license; the operation in the winter created a deficit. The goal is to generate income and revenue. They wish to re-open in the Spring as a Seasonal Licensee. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of SPSS Enterprises, LLC, d/b/a Asa Grill & Reputation, Mollie T. Lehane, Manager, 415 Main Street, Hyannis for a Change from an Annual All Alcohol Common Victualler License to a Seasonal All Alcohol Common Victualler License. New Class II Auto Dealer License: Application of Emilio Netto, d/b/a Mutual Motors, Emilio Netto, Manager, for a New Class II Automobile Dealer’s License, 537 Yarmouth Road, Hyannis, MA, maximum 15 total vehicles on the property, hours of operation: Mon – Fri, 9-5, Sat, 9-3. Emilio Netto appeared for the Class II License. It will be bought mainly at auction for sale at the local location. He does have experience in Class IIII Auto sales. Mr. Burman reiterated the 15 vehicles includes customers, employee vehicles and vehicles for sale. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Emilio Netto, d/b/a Mutual Motors, Emilio Netto, Manager, for a New Class II Automobile Dealer’s License, 537 Yarmouth Road, Hyannis, MA, maximum 15 total vehicles on the property, hours of operation: Mon – Fri, 9-5, Sat, 9-3. Show Cause Hearing: Show Cause Hearing on the Black Spot Café Bar, 10 Ocean Street, Hyannis, Micah Power, Manager. The Police Department has reported that on July 26, 2008 you were in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: you did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the

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Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. Mr. Hoxie read the hearing notice that on July 26, 2008, the Black Spot Café Bar, 10 Ocean Street, Hyannis, Micah Power, Manager, holding an All Alcohol Common Victualler License was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable. He then asked the witnesses to raise their right hands and swore in the witnesses. Mr. Geiler asked Mr. Hoxie if this was a continuation of the former hearing or a whole new hearing. Mr. Hoxie stated he thought it should be a whole new hearing .unless there is an objection. Officer Maher stated whatever the Board wants. Mr. Hoxie thought that because the officer was not present we should start over. Mr. Hoxie advised them we would hear from the Police Department first and that he would have a right to question the police and then testify on his behalf. Ptl. Maher read his report into record: On Friday, July 26, 2008 at 2304 hrs. myself along with Lt. Jason and two officers in plain clothes, Jeffrey Marshall, age 20 and Officer Andrew Warmington, age 21, conducted an undercover “sting” of The Black Spot Café Bar at 10 Ocean Street, Hyannis. Following the guidelines of the Massachusetts Alcoholic Beverage Control Commission for underage drinking stings, Officer Marshall and Officer Warmington went into the establishment where Officer Marshall purchased one Bud Lite beer from a white male in his mid 40’s with white hair. Officer Warmington witnessed the transaction. Officer Maher stated he was here representing the Barnstable Police Department. He stated he wanted to make an overview statement of how they came to be here today. He said that before conducting these stings they held some informational seminars for license holders, notifying the licensees they would be conducting some stings and invited everybody by a letter to come to these sessions – talking about underage drinking, ID’s (fake and altered), and stings guidelines specifically stating how they were not going to conduct a ruse, how the people would be dressed, what things they would have on them. Also, just prior to that, there was an article in the Cape Cod Times stating they would be going out and conducting these operations. As we stated earlier, we thought it would go well but it didn’t. He said they brought the officer in the night before (25th) and specifically go through how they are going to conduct the operation and make sure they have nothing in their person; no money other than what we give them. We take a picture of the person before they go out. He was asked to sign a release and a copy of the sting guidelines. He asked Officer Marshall to join him so he could ask the questions. Officer Maher asked him Q: to state his name and age. A: Jeffrey Marshall, age 20. Q: On July 26th, what was your employment status? A: I was employed by the Barnstable Police Dept. as a seasonal officer. Q: On the night of the 26th, what was your duty assignment? A: I was assigned to an undercover alcohol sting operation. Q: On that night where did you report? A: I reported to the watch

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commander’s office to meet Officer Maher and Lt. Jason. Q: After that what happened, what did we do? A: We went over the alcohol guidelines, I took an alcohol breath test, my photo was taken and all items removed from my person and put in my locker. Q: When we were going over the directions as far as liquor establishments, did we discuss specifically how that was going to happen? A: Yes, to go in, attempt to purchase a bottle of Bud Lite, and if served to leave the alcohol and leave the premises. Q: Were you ever asked to take pictures? A: No. Q: Did you have the means to take any pictures? A: No, we did not. Q: On the night of the 26th at about 11:04, could you describe what happened when you went into the Black Spot? A: Myself and Officer Warmington went into the Black Spot and moved approximately 1/3 of the way down the bar area. We observed a musical performance in progress and the patrons of the bar. We walked up to what appeared to be the active service bar and after a moment I asked for a Bud Lite. The owner placed the Bud Lite on the bar. I asked how much and he indicated it was $3.25. I placed the $3.25 on the bar and picked up the Bud Lite at which point I nodded to Officer Warmington, replaced the beer on the bar and exited the premises. Q: When you went into the establishment, did you see anybody else behind the bar when you first went in? A: Yes. Q: Is that person present here today? A: Yes. Q: Could you point him out? A: Yes, the gentleman with the white beard over there (pointed to Peter Kenney). Q: The person who actually served you the beer? A: Yes, it would be the Licensee. Q: Could you describe him for us please? A: Tall, heavy set, brownish-white hair. Q: How many people were in the bar that night? A: 25-30. Q: And there was a band playing? A: Yes. Q: Were they actually playing music at the time you went in? A: Yes. Q: Were there any lights on the band at that time? A: The lighting in the establishment seemed rather bright white lights specifically focused on the band. Q: And how much again did you pay for the Bud Lite? A: $3.25. Q: Did you pay with exact change? A: Exact change. Q: You stated that the Licensee placed the beer on the bar; how far away did you have to reach to pick it up? A: No more than arm’s length as any other establishment. Q: Did you have any conversation with the person that served you? A: No. Q: Did he hesitate at all when he served you the beverage? A: Didn’t seem to, no. Q: Did you have any conversation with anyone else? A: I did not. Q: Did anybody confront you as you bought the beer or tried to leave? A: No they did not. Q: What did you do with the beverage after you picked it up? Placed it back on the bar next to a pillar. Q: Did he ask you for an ID at all? A: No, he did not. Q: About how long were you inside? A: Approximately 3 minutes. Officer Maher: thank you, no further questions. . Mr. Hoxie then asked if the Licensee if he would like to ask the officer any questions. Mr. Power asked how many people Officer Marshall stated were there – he had stated 25; there were 13. Mr. Power said to him Q: that he left the beer on the bar and paid $3.25 in exact change to me? A; Yes. Q: Mr. Power asked if he could identify the gentleman who was going to be the witness? A: Officer Marshall said he could. Mr. Power stated that would be all. Mr. Hoxie then asked the Licensee if he would like to testify and respond to the allegations. Mr. Power came forward again, stating he did see a problem with not

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having the original hearing in evidence. He said the price of the beer he had to ask for at the prior hearing. Officer Marshall actually stated that he paid $3.25 for the beer. I had to be asked how much the beer was as well as in the previous cases where in the other stings they had the price of the alcohol purchased. It wasn’t known what the price of the beer was. Mr. Geiler said he was not sure he understands that. Mr. Power stated in the previous hearing they talked about how much the beer was but it wasn’t stated how much the beer was by Officer Maher. And this is when Officer Marshall was not present. Mr. Geiler said he thinks what Mr. Power is saying is that Officer Maher didn’t testify himself; he knows that information was in the police report. He then asked Mr. Power if this is different from other cases coming before the Board. Mr. Power stated he watched the cases on video. Mr. Geiler asked how it affects this case. Mr. Powers stated he (the officer) did not know the price of the beer at my establishment until after the other hearing had taken place and Mr. Power had testified the price. He stated a ten dollar bill had been left but now they are stating exact change was left. Mr. Power stated the band Strangeways was playing. I was behind the bar and noticed the two people walk in (one being Officer Marshall here) and the other one is not present. They went towards the back of the bar – he said he noticed them right away; and knew something was up because of their nervousness and particularly Officer Warmington tipped him off as he has a young face so he thought of three options - he thought they might steal the guitars hanging in the back, or attempt to purchase a beverage – which meant they were either underage or they were police in a sting, as they looked too young. Mr. Power said he moved to the bar to wipe it down to keep an eye on them. He was behind a pillar before. He stated Officer Marshall did order a Bud Lite. He knew right then there was something up (knew he was a cop because of the way he stared at me rather than someone too young who would not be so confident) and said he got out the beer and opened it, putting it up behind the taps and said when we had asked him previously what he was going to do with it he stated he planned to either pour it out or to give it to his friend Colin in the band who he knew was coming in a while and that is all he ever orders, and just wanted to mess with the cop a little as he was so obvious. He said he had it BEHIND the taps and the pastries in a glass covered dish so it actually somewhat obscured from the normal “serving” area, his “on deck position.” He stepped back for a second, looking to his left and Officer Marshall looked at me, looked at the beer, then impatiently reached over with his left hand and grabbed the beer, slid it down the bar, spilling it. all over the bar Officer Warmington took a picture with a grey metallic silver camera phone (upright not sideways like a camera) and they then walked out. The beer was left on a table. Mr. Powers walked forward to stop them and the guitarist stepped down from the stage in front of the front door and by eye contact asked Mr. Power if he should keep them inside. Mr. Power indicated to let them go. He stepped back up. All this took three minutes. I do have a witness, Mr. Kenney, who is here today to testify but the band members could not be here today and in any case did not see exactly what was going on; the singer thought he had an

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underage person trying to steal a beer. Mr. Power did not ask them id trhey saw the flash. Officer Maher questioned Mr. Power. Q: Did Officer Marshall order an alcoholic beverage from you? A: He asked me for a Bud Lite, yes. Q: What did he order? A: he asked me for a Bud Lite. Q: Did you open the Bud Lite? A: I did open the Bud Lite. Q: Did Officer Marshall take the beer from where you set it down? A: He took it from where I set it down behind the bar. Q: Yes or no questions, ok?. A: Yes. Q: Did Officer Marshall ask you for the price of the beer? A: No. absolutely not. Q: Did he pay you for the beer? A: There was money on the counter. Q: Did you refuse to serve him? A: I tried. Q: How did you refuse to serve him? A: I was not given the opportunity. Q: Did you stop him from picking up the beer? A: I could not. Q: Why? A: In the time he grabbed the beer it was only a few seconds. Q: Did you stop him from leaving the money on the counter? A: I could not as well. Q: Why not? A: Well, what would I do, throw the money at him? Q: Did you ask for an ID? A: I did not have the opportunity. Q: You had him ask for a beer, you opened the beer, but you didn’t ask for ID, yes or no? A: Yes. Q: You didn’t ask for ID? A: No, I did not have the opportunity. Mr. Hoxie asked if the Commissioners had any questions of the Licensee. Mr. Burman? Do we have any other witnesses? Mr. Power stated he did, Peter Kenney.. Peter Kenney of West Yarmouth appeared saying he was a friend of Mr Power who was in the bar before, during and after this incident. He said he was appalled; shocked, stunned and appalled at what he has heard this morning. He stated it wouldn’t take too much trouble to retrieve the record of the last hearing and there was a substantial conversation in the last hearing about the price of the beer which he believed came out to $3.50 not $3.25. He stated from the beginning what I saw was two individuals enter the premises ; I was NEVER, repeat never, n-e-v-e-r behind the bar; I was standing where I am often found there at the extreme back end of the bar. In fact I never saw this Officer clearly until he was leaving the bar. I saw his hands and the back of a head and I saw the reach for the beer – it was a considerable reach. The beer was never presented to this officer; it was placed well out of reach of anybody standing at the main service area of the bar. As you can see he is a long individual and used that entire length to reach the beer, drag it across the bar – the bar is individual tiles, bumping it along the bar, spilling it as he went, turned around and held it up for the other officer. I can’t honestly say who took a picture but somebody did, it could have been somebody else, but there was definitely a flash. He threw a $10 on the bar; he did not pay with exact change. At the last hearing, the police department didn’t know what the price of the beer was in that bar. The record will show that. In fact, Officer Maher asked Mr, Power the price of the beer and after consulting some paperwork Mr. Power stated the change was right. He said the CHANGE was right. My reading of the regulations for the stings is that the only money the officers may carry is the money issued by the Police Department for that purpose; they may have none of their own. Yeah, the CHANGE was right. Mr. Kenney stated I saw what happened and I take no joy in saying this but what I saw is dramatically different from what I heard during the first

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hearing and even more so from the police department at this one today. I’m also, I think, able to read, isn’t there something in the regulations saying the undercover office should remain on premises for a while? Not lunge across the bar, grab a beer that had not been served to him, hold the beer up for someone else to see, slam it sown and leave putting the $10 bill on the bar. Not $3.25. In my opinion, there was no transaction. Did he come in? Yes. Was he alone? No, he was in the company of somebody else. Did he ask for a beer – yes. Was he SERVED a beer? No. Was he asked for an ID? No; there wasn’t the opportunity. It was lean, grab, show and run. That is what happened and I’ll submit that the still available record of the original hearing is going to raise more questions than it answers. One more thing; at the previous hearing Officer Maher stated he was watching this from outside in a cruiser; it doesn’t work. The only location for anybody to see any of the interior of the bar at all is if they were parked right out front with the driver’s window centered on the front door. And I can assure you that since the band plays in the front window next to the front door with another window on the side of the front door in a place as small as the Black Spot if there were anybody parked out front, let alone a marked police cruiser, everybody would see it. As I said before I’ll say again, I am appalled by what I have heard and it gives me no pleasure at all to say that. Officer Maher then questioned Mr. Kenney. Q: When did you enter the Black Spot that night? A: Approximately 7:00. Q: Approximately when was the incident? A: About 9-10. Officer Maher said it was 11:00. Q: Had you had anything to drink that night? A: A couple glasses of wine. Q: From the time you came in until that time? A: Correct. Q: Could you describe the area where you were when this happened? A: The bar is in a long narrow building and runs along the long side from 15’ inside the front door nearly to the rear wall. It’s open on the short side back and front so you can go behind the bar from the front or the rear of the space. There is a return at the back of the bar with a couple of stools there and that is kind of where I hover when I’m there. There are also two public computers facing the rear wall and immediately behind that point in the bar. Q: Were you sitting at a table or at the bar that night? A: I was standing at the end of the bar. Officer Maher, no other questions.: Mr. Hoxie asked if the Board has questions. Mr. Burman asked the owner about his lack of asking for identification and asked him if Is it the normal procedure to open a drink prior to asking for ID? Mr. Power stated actually NO, the intention was to be brazen and cocky and get the beer out, not to serve him. The intention was to point out to the officer that he knew he was doing something. He said he had knowledge that it was a sting at this point from their actions. He said he was actually laughing at him about the way it was done behind the pillar. He apologized and stated he does take it very seriously but the way it was done was laughable; not trying to castigate anyone here – just trying to state what happened. I did not intend to give this person the beer. He also stated with regard to how long Mr. Kenney was there to get at how much he had drunk, we also serve a lot of coffee, and Peter incessantly uses the computer all night, watches T.V., etc., they talk about things and watch the people; he is not a person who drinks heavily there.

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Officer Maher stated this comes down to sale and furnishing. Mr. Geiler asked Mr. Power about there not being an opportunity to ask for ID. Why not? He stated he did not understand. Particularly if he knew the person was up to something. Why did he open the beer? Mr. Power stated the question was asked did I or did I not ask for an ID. The question to me is actually moot as I actually knew they were policemen so I was being cocky and should not have opened it or confronted him right away. Mr. Geiler stated all the more reason NOT to get the beer I would think. Mr. Power stated that’s true. Mr. Geiler asked him to explain why there was not an opportunity and particularly if he suspected this person might be underage or it might be part of a sting…Mr. Power stated he was being brazen and cocky as he said and he made a mistake opening it; it was one of those “example” things, like Oh yeah? He had no intention of serving it to the officer. Mr. Geiler asked if it was not the whole point of this activity to determine whether or not the law that prohibits service of alcohol to a minor is being upheld? Mr. Power answered yes. Mr. Geiler stated then that it seems pretty simple to him. For you to say you didn’t have the opportunity to ask him for ID, is that really true? Couldn’t you have asked him before you went and got the beer? Before you opened the beer? Before you set it on the bar? Mr. Power interjected, before I set it on deck? Mr. Geiler said which is on the bar right? Mr. Power said that he admitted previously in the other hearing that it was a mistake for him to do that first. I did say that. I had no intentions of serving; I wouldn’t have minded throwing it at him actually. I was going to pour it out or give it to Colin who was 5 minutes down the road. He usually comes in the back way. I was expecting someone else anyways so the point of opening the beer did not seem like an issue to me. Mr. Sullivan asked again about the money issue saying here is no question there was some money put on the bar. Mr. Power stated the officer placed the money at the pillar. It was a $10 bill. He said he had to be reminded of that when he commented later – I can’t believe they did it that way. And someone reminded him he had stated at that point do I have to give this back or do I get to keep it as idiot tax? That’s what I said. He said he still owes the Town the $10.00. Mr Sullivan asked again if it was a bill, no change; Mr. Power said yes it was a bill no change. Mr. Sullivan then asked if he kept the bill. He said he had no-one to give it back to. There was no change made. He was gone. Mr. Sullivan stated to Mr. Power that he indicated he knew right away something was odd here. Mr. Sullivan stated Mr. Powers seems to be very alert and cognizant and a bright Licensee. He then asked why he did not keep that bill for fingerprints, etc. Mr. Power said he did not think about serial numbers or keeping the bill for his defense. He thought it so completely ludicrous. Mr. Sullivan asked if he went to the seminar – he said he could not as he has 2 children he takes care of during the day so his wife can work, but went to the ABCC web page to learn everything on his own. Mr. Burman asked Officer Maher about the money part asking if they are given a certain amount of money and after they come out of each establishment they write down what they spent, and if that is checked at the end of the night…and Officer Maher stated they came out having given the officer $3.25 for this stop – and said if he had left $3.25 here his money came out right. He asked Officer Maher if the $10 bill is questionable; Officer

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Maher said yes it is. Mr. Sullivan asked Officer Maher again about the procedure that the officer is given a certain amount of money…how do you do that? Is it all bills and change or what? Officer Maher stated they start with $20 bills and as they go along through the night obviously there is change accrued. In this case that is why Mr. Marshall was able to pay with $3.25 exactly. Mr. Sullivan asked as a matter of curiosity if they are told no tips. Officer Maher stated that is correct. Mr. Sullivan then asked Mr. Power if he heard the testimony of the Officer that he put $3.25 on the bar? Mr. Power answered yes. Mr. Sullivan asked if he was saying that’s not true. Mr. Power stated yes, I am saying he is lying. He went on to say he would like to address what Mr. Sullivan is saying about the seriousness of this; if at that point I had already established that he was a policeman and was being a jerk, if somebody had come in and I did not think that they were police, or suspected something, I normally ID people. I would have done the whole thing differently had I not already determined I was being stung and identified them as cops by their actions. Mr. Geiler asked his current procedure – Mr. Power stated now everyone must present ID, with grey hair and of all ages; I now have a sign up also that I he looks at ID and don’t like it I say I cannot accept it. If someone looks 35 and does not have ID I do not serve them. I now realize I left myself open to what has happened here. I also have a camera out back now and am getting a camera for the serving area so I can film what takes place. Mr. Sullivan asked about the pictures taken; Mr. Powers said he is dead certain a phone camera operated by Officer Warmington took a picture of Officer Marshall when he grabbed the beer turned around and posed and raised it up. He got a glimpse the phone camera at waist level when Officer Marshall moved. Mr. Powers stated the photo was taken just before they left the bar. Mr. Sullivan stated asked if it was a cell phone and Mr. Powers held his up showing the orientation of the “camera” used…it was upright like an open cell phone not rectangular with the long side width wise like a camera. Mr. Sullivan stated this is the only time he has heard of any pictures being taken in one of the stings. Mr. Powers stated he saw what he saw here. Mr. Geiler asked if there was And the police had it, where is it? Mr. Powers answered he didn’t know. Mr. Geiler stated, well think about it; wouldn’t they have brought the picture in?. Is it possible a car drove by and something reflected off it? Mr. Powers said no, it was a camera phone. Mr. Geiler then asked, how the “camera” would impact the sale or delivery of an alcoholic beverage to a minor. Mr. Powers stated, it doesn’t; I gave my testimony as I saw it. Mr. Hoxie asked Officer Maher to sum up. Officer Maher stated the Manager states he knew it was a sting – although he knew it was a sting he takes the order, he opens the beer, he lets Officer Marshall pick it up. His testimony states there was money on the bar. He never asks for an ID, most importantly. Officer Marshall testified as to the price of the beer; it has nothing to do with any testimony I gave today. The bottom line is he furnished an alcoholic beverage to someone under the age of 21 and also during his testimony he claims he made a

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mistake; almost every other manager who came before us stated he made a mistake. The bottom line is he furnished an alcoholic beverage to somebody under the age of 21. Thank you. Mr. Hoxie asked the Licensee to sum up. Mr. Powers stated he can only say what he did; if everyone else claimed they made a mistake; the problem is the character of the word mistake. My mistake specifically was in laying himself open to a poorly executed sting; not that of I made a mistake and did not ID someone under 21. I can only say that I did not let him take the beer; I did not let him pay for it; I let him go thinking he was a cop. If it had been an actual event, which is what this is all about – making sure people adhere to the law - I would not have even put the beer behind the pillar. I don’t like this at all. I didn’t intend to serve. I do not serve anyone under 21; I have a reputation for that. This whole thing has been very embarrassing. Mr. Hoxie closed the hearing for testimony. Mr. Burman stated he is concerned as this hearing was called off for 12 weeks because we were requested to have the officer here. He stated Mr. Power had that time to give us some sort of explanation and follow up on the camera question; we can’t discuss it because we know nothing about it. If the police department had taken it, I believe it would be in evidence because that certainly was prima facia evidence that there was a violation. Beyond that, you (Licensee) self-admitted. As a businessman, you do not open up a bottle of beer before you know you have a customer. It just doesn’t make any sense to me. Mr. Sullivan stated it is his impression when this person came in he asked for a beer, the beer was provided and money put on the bar. There is an issue of where it was placed, but to me that meets the criteria of serving. There was also money put down but some issue about the amount. Clearly from the testimony heard the Licensee kept the money. It was procured, purchased and paid. That’s the way I understand it. Mr. Hoxie stated that if we are to believe everything that the Licensee says, and there is no reason not to believe him, his testimony shows that he used very poor judgment. Number one he stated he was brazen and cocky. That is not, certainly, what a Licensee should do when it comes to someone entering the establishment underage. He also stated in his testimony it was a poorly executed sting and $10 was left. Why in the world wouldn’t anyone call the police that night and tell them they had executed a poor sting and ask them to come and get their $10? He said in his opinion the Licensee used poor judgment in opening the beer, not initially asking for ID, and I will entertain a motion. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote was taken as to findings as follows: 1) I find that the Barnstable Police Department conducted a sting operation substantially in accordance with the “Sting” Policy adopted by the Licensing Authority, 2) I find this hearing was properly posted

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and advertised and the licensee properly notified of the hearing, 3) I find that the underage person used in the sting was a person under 21 years of age and an employee of the Barnstable Police Department and operating under the supervision of a Barnstable Police Officer during the sting activity, 4) I find that the Barnstable Police Department did announce, at an open and televised meeting of the Licensing Authority on July 7, 2008, their intention to conduct “sting” operations in the near future, 5) I find that the Barnstable Police Department did send a notice to each licensee of the town, using a Licensing Authority prepared list of licensees, to attend and participate in one of two Licensing seminars in June, 2008 where rules and regulations would be discussed, questions answered, and procedures would be explained, and that a Cape Cod Article dated June 26, 2008 announced the intention of the Police Department to conduct the stings, 6) I find the Police Department did conduct the “Sting” activities less than two months following the seminars (this one being July 26, 2008), 7) I find the testimony of the Police Department to be credible in this matter, 8) I find that the licensee did sell or deliver an alcoholic beverage to a person less than 21 years of age, 9) I find that the record indicates there were no violations on file for this establishment. A motion was duly made by Gene Burman and seconded by Paul Sullivan, adding the Licensee is well aware of the procedures and has reviewed the ABCC regulations as well, and a unanimous vote taken to adopt the findings. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to guilt of the Licensee. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken as to sanctions on the Black Spot Café Bar, 10 Ocean Street, Hyannis, Micah Power, Manager. that on July 26, 2008 it was in violation of the Code of the Town of Barnstable, Massachusetts, Part V, to wit: it did sell an alcoholic beverage to a person under 21 years of age in violation of Section 501-7, paragraph F and 501-7, paragraph I of the Town of Barnstable Rules and regulations of the Licensing Authority as adopted in the Code of Regulations of the Town of Barnstable.: Mr. Burman moved that the sanctions be a two day suspension with one day to serve on 7/26/09 and one to be held in abeyance if no further Ch. 138 violations occur within that timeframe.. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler All Alcohol renewals as submitted below: Common Victualler All Alcohol: Five Bays Bistro

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Ardeo Asa Grill & Reputation Barbyann’s The Black Spot Café Bar Bobby Byrne’s Brazilian Grill British Beer Colombo’s Café & Pastries DJ’s Wings ‘n Things Hannah’s Fusion Bar & Bistro The Island Merchant Mallory Dock North Street Steakhouse & Sports Bar The Naked Oyster Pavilion Indian Cuisine Roadhouse Roobar Sam Diego’s Schooner’s Tiki Port Uno Chicago Grill Kettle Ho Regatta of Cotuit 99 Restaurants/Pubs Bud’s Place The Dockside Embargo Harry’s Misaki Nineteenth Hole Ristorante Barolo TGI Friday’s Tommy Doyle’s Irish Pub & Restaurant Up the Creek Again Sweet Tomatoes Osterville A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler Beer & Wine renewals as submitted below: Common Victualler Beer & Wine: Pinocchio Pizza The Daily Paper Perry’s Main Street Deli Thai House

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Restaurant Prato Per Feito Scottie’s Famous Pizza B2 Burrito Bistro La Petit Maison Pizza Wave A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Club All Alcohol renewals as submitted below: Club All Alcohol: Wianno Club – Seaview Ave Wianno Club – Parker Road Cummaquid Golf Club Hyannisport Club Cape Cod Lodge OSIA – Sons of Italy Hyannis Anglers Club Hyannis Elks King’s Grant Racquet Club Osterville Veteran’s Assn. Wequaquet Lake Yacht Club A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the General On Premises All Alcohol renewals as submitted below: General on Premises: Quarterdeck Lounge Pufferbellies Puff the Magic A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Innholder All Alcohol renewals as submitted below: Innholder All Alcohol: The Greenhouse Restaurant Radisson Bistro Courtyard by Marriott Resort & Conference Center at Hyannis A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class I Auto Dealer renewals as submitted below:

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Class I Auto Dealers: JMR Honda Tracy Audi/Volkswagen Everett H. Corson, Inc. Saturn of Hyannis Hyannis Toyota – 1020 Iyannough Road Coastal Trailer Sales Balise Hyundai Balise Nissan Puritan Motors A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class II Auto Dealer renewals as submitted below: Class II Auto Dealers: Robert’s Auto Wholesale Rotary Collision Center Joe’s Auto Sales Argus Auto Sales Dick Garbitt Investment Autos Wheels to Work MBM Auto – 500 Yarmouth Road Huhtanen’s Auto Sales Barnstable Auto Exchange Davis Auto Sales Auto Smart Cape Cod Auto Connection West Main Auto Hyannis Toyota – 756 Bearses Way Route 66 Auto Sales Action Auto Sales DeVincent Auto Brokers Hyannis Auto, Inc. J&J Auto Sales A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class III Auto Dealer renewal as submitted below: Class III Auto Dealer: Blackburn’s Auto Salvage (cont’d from 12/8/08)

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Lodging House renewals as submitted below: Lodging Houses: Park Square – 164 Main \ Park Square – 156 Main \ All Mark Sheehan Rosebud Trust / Westwind Trust / Country Cottages by the Sea Beechwood Inn A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: Sol e Lua La Petite France Café Subway – 251 Iyannough Road Box Lunch Old Village Store & Café Willow Pizza Pain D’Avignon A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Automatic Amusement/Video Games renewals as submitted below: Automatic Amusement/Video Games: Bobby Byrne’s Quarterdeck Lounge Ryan Family Amusements Bud’s Place Hyannis Anglers Club Hyannis Elks Nineteenth Hole Resort & Conference Center at Hyannis Up the Creek Again A motion was duly made by Mr, Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Pool Table renewals as submitted below: Pool Tables

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Quarterdeck Lounge Hyannis Elks Nineteenth Hole Osterville Veteran’s Assn. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment renewals as submitted below: Daily Live Entertainment: Asa Grill & Reputation The Black Spot Café Bar Brazilian Grill British Beer Hyannisport Club The Island Merchant North Street Steakhouse & Sports Bar Radisson Bistro Roadhouse Roobar Schooner’s Uno Chicago Grill Cape Cod Lodge OSIA – Sons of Italy Bud’s Place Courtyard by Marriott Embargo Harry’s Hyannis Anglers Club Hyannis Elks Pufferbellies Puff the Magic Resort & Conference Center at Hyannis Ristorante Barolo Tommy Doyle’s Irish Pub & Restaurant Up the Creek Again Wequaquet Lake Yacht Club A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals as submitted below: Daily Non-Live Entertainment: Asa Grill & Reputation The Black Spot Café Bar

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Bobby Byrne’s British Beer Hyannisport Club Mallory Dock North Street Steakhouse & Sports Bar Quarterdeck Lounge Schooner’s Ryan Family Amusements Regatta of Cotuit Bud’s Place The Dockside Harry’s Hyannis Anglers Club Hyannis Elks Nineteenth Hole Pufferbellies Resort & Conference Center at Hyannis TGI Friday’s Tommy Doyle’s Irish Pub & Restaurant Up the Creek Again Osterville Veteran’s Assn A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals as submitted below: Daily Non-Live Entertainment: Asa Grill & Reputation The Black Spot Café Bar Bobby Byrne’s British Beer Hyannisport Club Mallory Dock North Street Steakhouse & Sports Bar Quarterdeck Lounge Schooner’s Ryan Family Amusements Regatta of Cotuit Bud’s Place The Dockside Harry’s Hyannis Anglers Club Hyannis Elks Nineteenth Hole Pufferbellies

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Resort & Conference Center at Hyannis TGI Friday’s Tommy Doyle’s Irish Pub & Restaurant Up the Creek Again Osterville Veteran’s Assn Business Meeting: Discussion about the State Safety Certificate for West Barnstable Deer Club – Mr. Hoxie stated that the Board would call a special meeting to accommodate them to renew. Discussion regarding suspension penalties. Mr. Geiler asked what the Board would recommend. Mr. Burman suggested we get together with Legal to modify regulations to act on the sanctions for 2009. Mr. Geiler stated there have been several inquiries about dates and days of the week, etc. It is his opinion if they want to get something in the Board would consider it. Mr. Burman thanked the Adjourned at 11:02 am review the Board can then act on it. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority


SPECIAL LICENSING HEARING MINUTES Town Office Building, 200 Main Street, Conference Room, Hyannis, MA – 1:00 p.m.

January 2, 2009 A Special Meeting of the Barnstable Licensing Authority was held on Friday, January 2, 2009 at the 200 Main Street, Hyannis, Conference Room at 1:00 p.m.. Present were Martin Hoxie, Chairman, Paul Sullivan, Clerk, Thomas Geiler, Licensing Agent and Christine Ade, Recorder. Renewal: Mr. Hoxie read into record that West Barnstable Deer Club, 1800 Old Stage Road, West Barnstable, MA, Derek Horton, Manager had applied to renew their Club All Alcohol, Daily Live and Sunday Entertainment Licenses. This hearing was held up because the signed State Safety Certificate had not been received from Building and Fire for this establishment prior to the meeting on 12/29/08. It is now in place. A motion was duly made and a unanimous vote taken to approve the renewal as submitted. The meeting was adjourned at 1:10 p.m.. Respectfully submitted, ________________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority




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BARNSTABLE LICENSING AUTHORITY LICENSING HEARING MINUTES

Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. January 12, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, January 12, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Changes to Junk Dealer Rules and Regulations: The Barnstable Licensing Authority will hold a public hearing on proposed amendments to the Rules & Regulations of the Licensing Authority, Chapter 502, Junk Dealers. Copies of the proposed regulation changes can be found on the Town Of Barnstable web site: www.town.barnstable.ma.us. Click department menu, Regulatory Services, Consumer Affairs, and then Licensing. Hard copy versions may be obtained at the Regulatory Services Department, Licensing Office, 200 Main Street, Hyannis MA 02601 Lt. Jason stated this has been brought about the last 6 months or so. They have discussed the actual rules and how to check the junk dealer paperwork. Detective John Murphy was receiving paperwork from New Bedford, showing what they do with regard to these licenses. Officer Steve Maher did research at some other towns as well and presented the draft worked up by the BPD to Attorney Houghton, Legal counsel for the Town, to check for legalities. The final draft is what is proposed. Officer Maher stated he went through the call history and amount of stolen goods for the last year. There is little oversight right now under the current regulations. He then presented a Power Point summation of the proposed changes in the Junk Dealer Regulations, offering evidence of the increase in crime levels (stolen property). They looked at other municipalities’ regulations and came up with a compromise of those. 1400 – 1700 breaking end enterings reported in 2006 – 2008 each year. Also, computers and radios ($60,000 - $140,000). Recordings (CDs, DVDs, etc.) of $20,9000 to $35,000 per year, tools $35,000 to $58,000 per year. Theft is steadily increasing. Tools are up to almost $60,000. Vehicle parts including catalytic converters, household




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items and other items as well as precious metals and jewelry ($1.6 million dollars + in the last 3 years). These figures are only when a monetary amount was given so are actually higher than what was shown. It is incumbent on the police department to try to keep this down however they can. Eight other Towns were studied and Officer Maher said they are proposing ours to go along with what Medford has at present, which is a median amount according to the municipalities checked. Holding period would be 21 days/15 days. Sell or purchase to no-one under 18. Photo must be taken of the item purchased – it takes up less space and can be emailed to the police department if needed. Most others report to their police departments; we will be asking for a report weekly. A sample report page is attached to these minutes. CORI checks must be done to check for any felonies – will be regulated to within 15 years of the felony conviction on all new licenses and checked at renewal time. ID’s must be picture ID’s so it can be determined the people selling the items are 18. The owner of the property must give permission for the sale. The BPD will hold two seminars on the new rules. They will also provide a website for submission of the reports via email. Sgt. John Murphy came forward to express his enthusiasm about the license regulation changes. He suggests this is a property safety issue for the Town. His job is to help the townspeople keep their “memories.” It is heartbreaking for people to lose these important things – like an engagement ring or keepsake jewelry from a family member. He thinks the proposed change will require dealers to do more work but will insure the people selling are selling legitimately. He stated people stealing to support prescription drug habits are stealing and then selling family heirlooms – these people look reputable but in fact are not. Most recently, there is a retail outlet in the Town, which from November to the end of December reported $20,000 in loss. Many of those items have been sold to secondhand dealers in this community. By changing the rules it will send a strong message to the public that we will not tolerate this theft. Attorney Cohen appeared to state that he represents a local Junk Dealer and they do not have any problems with some of the proposed changes but regulation 502-6D restricts the purchase at trade shows, hotels, etc. where people gather together to sell. It could be remedied. 502-6C would make it a violation if a serial number was removed; there is no way of knowing if it hasn’t got one – that needs to be remedied as well. The law says that parties are free to contract. Some people do not have bank accounts and the $50.00 check restriction is not strictly legal. If the Town was buying precious metals it could set these limits, but not if it is not. Cash is a fully legitimate means of transaction. The Town has in the other changes put into place good controls. Some old gold is converted straight to bouillon. If the Town restricts this transaction it is unfair, as the price changes radically from day to day. The price/pennyweight (502-8D) if held for 21 days would drive gold purchasing out of business. There are people who even purchase gold through the mail. Ebay transactions would also be prohibited. You can’t restrict the transactions arbitrarily by holding the items. And the description of an exception by the Police Chief for extreme hardship – who defines that? He stated the regulations now in force are adequate. He also stated that most junk dealers do not deal in the items on our spreadsheet – computers, etc.

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Mr. Hoxie asked if he was for retaining the present regulations. Attorney Cohen stated the present ones are fine. The proposed regulations set arbitrary ability to put someone out of business. Mr. Hoxie asked Attorney Cohen about how the council and Attorney Houghton had reviewed these regulations and found them to be fine. Attorney Cohen stated they may have said that until challenged. The state or town does not have the authority to restrict the normal free right to transact. The fact that other towns do it does not make it correct or legal. Mr. Hoxie asked for a brief to be submitted, which Attorney Cohen stated will be submitted in a few days. Officer Maher said he is looking at $50.00 transactions or over to be paid by check to the person selling the item – it will track who is getting money. On the issue of our “setting a price” for gold; it went up 2.35% during the last year. Most municipalities have 30 day holds, we are asking only for 21. Also, if we have reason to believe an item is stolen, the BPD can ask for an item to be held until it can be investigated. If the owner calls stating he has a hardship and needs to sell the item, they can look at it and perhaps release the hold. Record stores, video stores, jewelry stores – all are covered by this. Also tools, CD’s, etc. As our regulations stand, it is not working well enough. J. Craig Medeiros, a currently licensed Junk Dealer, came forward stating he has been in business 52 years. He told a story about selling papers way back in the 60’s and reselling them later. He salvaged metal and sold it to a man in New Bedford. People call about wire, insulation, etc. He said it will hurt him to store these big things for the timeframes we propose. He stated any of us is more than welcome to come to his place to inspect; he is 73 years old and will be working the rest of his life. Mr. Hoxie asked if this would be a hardship? He stated it would. He is open 3-5 pm some weekdays and Sat 9-12 is when he is open; he has to prepare all the stuff he gets in. Mr. Hoxie asked what he thinks of the regulations proposed – he thinks the gold part – if someone calls, he tells them to come in and he will give them a fair price. Scott Russo, 21 years old, came forward saying he owns 2 homes, just starting a business. When short on money for bills – he may sell things and for us to regulate the payments over $50 to be only in check form, if it falls on a Saturday, sometimes he is put in a bad position and falls short with bills owed. He trades in some items of well over $50.00 to make the money he needs; having to wait until a Monday would be a hardship. He stated he is a regular working person who doesn’t steal or anything. At certain times he could not cash a check on a Saturday or Sunday to pay what needs to be paid on time. Edythe Davinis, Trade Secret Antiques, in Osterville also came forward and spoke about our possibly changing the license title – from JUNK Dealers. Mr. Hoxie stated these licenses are named by the State, not us. She indicated that when clients see the word “junk” they are offended. Mr. Hoxie stated the Board agrees but we really have no authority over that. Officer Maher stated that Brockton allows no transient sales; New Bedford only allows resident sales. He stated he would hope anyone in the business would be able to

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determine whether or not a serial number had been removed from an item they were purchasing for resale. Mr. Hoxie would like to take this matter under advisement until the brief is received from Attorney Cohen and our Town Counsel and Board Members can review it. He stated that the hearing will be continued to February 2, 2009. Mr. Hoxie asked that the January BPD Seminar be rescheduled for later on. Show Cause Hearing: Show Cause Hearing for Nantucket Auto Sales, 89 Bassett Lane, Hyannis, Donald Hallett, Manager, at the request of the Barnstable Police Department relative to violation of the maximum number of vehicles allowed on its lot in accord with their Class II Auto Dealer License. Officer Maher stated on 11/13/08 at 1:30 am he did a compliance check – counted 13 vehicles. They are allowed 9. On the 14th he went back and counted 14. March 25, 2008 – 22; May 1, 2008 – 21; May 31, 2007 to date – consistently more than license allows. He said he was told by an employee they were trying to get more vehicles allowed. They came in for a hearing in 2004, at which time they also stated they would be applying for more vehicles, but so far did not get the number changed. Greg from Nantucket Auto said he spoke with Officer Maher about the overage. He then went to Town Hall and spoke to the Building Commissioner and to Tom Geiler. They have been working on a plot plan Building would be happy with. He has gotten a plan approving 15 vehicles now (January 9th), signed by Tom Perry. They are on our hearing list for February 23rd to increase the number on the license. Officer Maher stated that 14 vehicles were on the lot even today at 7 am. Donald Hallett stated that he had thought if they had the number ok’d they were allright (meaning what Tom Perry just approved). Mr. Hoxie stated they have to wait until they have the larger number approved and they have been in violation and are still in violation. Mr. Burman proposed as findings that the Barnstable Police Department did inspect and found too many vehicles on the dates in their report. This also is not the first offense. There is no denial from the Licensee of having more than nine vehicles. Mr. Hoxie seconded the guilty finding and that motion carried. A motion was duly made by Mr. Burman that based on the prior offense they be found guilty and a 2 day suspension would be imposed if any further violation is found within calendar year 2009. Mr. Burman reiterated the number of vehicles on the lot, not just display vehicles, must not be more than nine until changed by the Licensing Authority. Show Cause Hearing: Show Cause Hearing for AB Auto Sales, 415A Barnstable Road, Hyannis, Anibal Barroso, Manager, at the request of the Barnstable Police

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Department relative to violation of the maximum number of vehicles allowed on its lot in accord with their Class II Auto Dealer License. Officer Maher stated that on 11/13 at 1 am he did a compliance check – there were 32 vehicles; it is licensed for 15. On the 19th there were 36. From January 15, 2007 to date they consistently had more vehicles than the license allows. January 15, 2007 – 21; May 21, 2008 – the used vehicle book and vehicle counts did not match. March 25, 2008 – 18 vehicles. October 8, 2008 - a complaint came into the Consumer Affairs Office for the overcrowding. A visual inspection showed 28 vehicles. October 24, 2008 – 26 vehicles. This morning at 6:45 there were 22 vehicles on the lot and this after knowing they were coming in to a show cause hearing. Officer Maher stated he had conversations warning them that they had too many vehicles and was told they would comply with the license each time. The inspection also showed vehicles in the lot nextdoor – which is not allowed as that is not a licensed premises. Mr. Barroso stated that nextdoor used to be a woodworking business; they are parking vehicles over there. Mr. Barroso said he spoke to the landlord to see if he could get a license for that strip – the landlord was to call him back; it did not happen yet. He thought he could get storage there. He has taken a lot of the vehicles to the auction resulting in losses. Mr. Hoxie stated the license states only the 15 plus 2 for customers. Mr. Hoxie stated he had to go to the Building Commissioner for an increase in vehicles to get any increase and if wanting to use another property, must get a license for that property. He stated if Mr. Barroso does not comply he will be back here. Mr. Barroso said some of the cars are repossession cars too. The economy is very bad. Mr. Burman reiterated to the Licensee that the license states 17 total vehicles. No more. Officer Maher stated one of the problems at a lot of these dealerships is that there may be a manager listed on our forms, but there are different employees there every time he goes who do not understand. Mr. Hoxie stated he has to get it down to the 17 right away and he said he understood. Officer Maher brought up the fact that many dealers are “storing” vehicles around at other locations. This is not allowed – they need a License for the property on which they are stored as well. Mr. Burman proposed a finding that Barnstable Police Department found them to consistently have overcrowding, that the licensee has been warned, and ignored the warnings. He found the licensee guilty of overparking. A motion of guilty was duly made by Mr. Burman and seconded by Mr. Hoxie; Mr. Burman made a motion to issue

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this Licensee a warning, and if there is any further violation coming forward there would be a suspension imposed. Mr. Hoxie seconded the motion and it unanimously carried. Mr. Barroso stated he will bring all extra cars today to the auction. Show Cause Hearing: Show Cause Hearing for Cape Cod Auto Connection, 152 Ridgewood Avenue, Hyannis, Thomas Lundquist, Manager, at the request of the Barnstable Police Department relative to violation of the maximum number of vehicles allowed on its lot in accord with their Class II Auto Dealer License. Officer Maher stated on 11/17 just past midnight he counted at least 29 vehicles. Their license allows 15. Daytime on the 19th he counted over 40. Spoke to the Manager and several different employees; There were 25 vehicles on March 30th; May 1st there were 40 vehicles; again Officer Maher was told they were working on getting the vehicle count increased. Since 11/17; 56 in December and today 62 on the lot. Tom Lundquist stated he made a timeline wherein they were approved by Site Plan Review for 72 vehicles. He introduced it at the hearing. He stated there was a planning board meeting approving them in December, and tonight is the final Growth Management Department approval meeting. It is on the agenda – 7 pm. They have been working on it since April of 2007. In May of 2000 they started the business and leased a small piece of the property. They since bought the whole property which is .88 acre and all paved. He spoke to Tom Perry about this increase and in November of 2007 it was requested to be increased, and as he said in June Site Plan Review approved it. They requested an Engineer stamp in September - $2,300 to get. November 24, 2008 the Planning Board heard the request and continued the hearing to have a site visit. On December 8th the Planning Board approved the expansion pending approval of Growth management. Then tonight’s final meeting will take place. He said he increased the vehicles on the location as he was approved for 72 – he stated now he probably should have waited for approval on OUR license. He thought it would be a cut and dried approval way back in 2007. Mr. Hoxie asked if we could hear his new amount on 2/2; the recorder stated she had to check to see if it needed to be advertised – it might be 2/23. A motion was duly made by Mr. Burman for a finding that the licensee was aware of the overparking; they had been notified and it was properly before the Board and he is guilty. Mr. Hoxie seconded the motion. Mr. Burman stated that based on the circumstances that the Licensee has been working on getting an increase for an extended time, he be issued a warning. Mr. Hoxie seconded that motion and it unanimously carried. Show Cause Hearing: Show Cause Hearing for Hi-Line Auto Sales, 367 Yarmouth Road, Hyannis, Augusto Netto, Manager, at the request of the Barnstable Police Department relative to violation of the maximum number of vehicles allowed on its lot in accord with their Class II Auto Dealer License.

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Officer Maher stated he went to this location 11/13 and counted 42 vehicles; they are allowed 26. There were 40 vehicles on 11/19, 2008, on March 28, 2008 there were 33. On May 1, 2008 there were 27 vehicles. They were given a verbal warning to stay in compliance. This is not 1-2 vehicles. Today when checked, they are in compliance. Mr. Hoxie stated his license has a total of 32 vehicles. A motion was duly made by Mr. Burman that Barnstable Police Department had consistently found non-compliance; that the licensee was warned and did not comply. Mr. Hoxie seconded the motion and it unanimously carried. A motion was duly made by Mr. Burman for guilt and that the Licensee be issued a warning; Mr. Hoxie seconded the motion and it unanimously carried. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval (submitted prior to end of 2008): Common Victualler: White Hen Pantry – 446 Main Street Osterville Sundae News Cold Stone Creamery Chao Cajun A motion was duly made by Mr. Burman, seconded by Mr. Hoxie and a unanimous vote taken to approve the above listed Common Victualler renewals for 2009. Lodging House: Green Mountain B&B A motion was duly made by Mr. Burman, seconded by Mr. Hoxie and a unanimous vote taken to approve the above listed Lodging House renewal for 2009. Class I Auto Dealer: Hyannis Marina A motion was duly made by Mr. Burman, seconded by Mr. Hoxie and a unanimous vote taken to approve the above listed Class I Auto Dealer renewal for 2009. Class II Auto Dealer Auto Wholesalers of Cape Cod A&M Auto Sales Cape Auto Sales

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A motion was duly made by Mr. Burman, seconded by Mr. Hoxie and a unanimous vote taken to approve the above listed Class II Auto Dealer renewals for 2009. Business Meeting: Mr. Burman apologized for his non-attendance at the special meeting called the Friday after New Year’s. There was a carbon monoxide problem at his home. Mr. Hoxie asked that the brief from Attorney Cohen regarding our proposed new Junk Dealer regulations be given to Attorney Houghton, to him and the Police Department as soon as it is received. The meeting was adjourned at approximately 11 a.m. Respectfully submitted, ____________________________________ ___________________________________ Christine P. Ade, Recorder Eugene Burman, Vice Chairman Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

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Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. February 2, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, February 2, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day & Sunday Entertainment Licenses: Application of Ann Louise Harries on behalf of Hyannis Public Library, 401 Main Street, Hyannis, MA for a One Day and Sunday Entertainment License for its annual Antique Show to be held at Barnstable High School, West Main Street, Hyannis, on February 14th and 15th, 2009 from 10 am to 4 pm each day. Ms. Harries came forward for her application. She wanted to change the hours to 10-5 Saturday and 11-4 Sunday. This is the 3rd year of the show. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Ann Louise Harries on behalf of Hyannis Public Library, 401 Main Street, Hyannis, MA for a One Day and Sunday Entertainment License for its annual Antique Show to be held at Barnstable High School, West Main Street, Hyannis, on February 14th and 15th, 2009 from 10 am to 5 pm Saturday and 11-4 Sunday. Five One Day Beer & Wine Permits: Application of Christine Duren on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit, MA for 5 One Day Beer & Wine Licenses for an Art Exhibit Opening & Reception on February 14, 2009 from 5 pm to 11 pm, a Jazz Brunch on February 15, 2009 from 1 pm to 3 pm, its 8th Annual Poetry & Chilifest on March 14, 2009 from 7 pm to 11 pm, a Harp Trio Brunch on March 15, 2009 from 1 pm to 3 pm and an Art Exhibit Opening Reception on March 21, 2009 from 4 pm to 7:30 pm.




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Christine Duren came forward for the application. This is their normal proceeding for asking for the alcohol. They are active as always. They have 4-5 events per quarter. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Christine Duren on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit, MA for 5 One Day Beer & Wine Licenses for an Art Exhibit Opening & Reception on February 14, 2009 from 5 pm to 11 pm, a Jazz Brunch on February 15, 2009 from 1 pm to 3 pm, its 8th Annual Poetry & Chilifest on March 14, 2009 from 7 pm to 11 pm, a Harp Trio Brunch on March 15, 2009 from 1 pm to 3 pm and an Art Exhibit Opening Reception on March 21, 2009 from 4 pm to 7:30 pm. Change of Manager: Application of Wianno Club, 107 Seaview Avenue, Osterville, MA, Jack L. Thomson, Manager for a Change of Manger on the All Alcohol Club License to Peter C. Davies. Mr. Davies appeared for its applications. He is taking over both places from Jack Thompson. He has been doing this since February of 2008. Mr. Burman asked how one person sits at two places at one time? He carries the responsibility for service of alcohol at both places. Mr. Davies stated he is constantly doing the rounds and the Parker Road facility is normally only used for lunch. There is a manager on duty as well as Mr. Davies. They go through the ServSafe programs, etc. He stated they don’t want to get anyone into trouble. Mr. Sullivan asked if the former manager ran both; Mr. Davies stated he did. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Wianno Club, 107 Seaview Avenue, Osterville, MA, Jack L. Thomson, Manager for a Change of Manger on the All Alcohol Club License to Peter C. Davies. Mr. Burman suggested in future that the manager on property should be the manager on record; from last February to now they were operating without the proper manager on the licenses. Change of Manager: Application of Wianno Club, 389 Parker Road, Osterville, MA, Jack L. Thomson, Manager for a Change of Manger on the All Alcohol Club License to Peter C. Davies. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Wianno Club, 389 Parker Road, Osterville, MA, Jack L. Thomson, Manager for a Change of Manger on the All Alcohol Club License to Peter C. Davies.

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Changes to Junk Dealer Rules and Regulations: The Barnstable Licensing Authority will hold a public hearing on proposed amendments to the Rules & Regulations of the Licensing Authority, Chapter 502, Junk Dealers. Copies of the proposed regulation changes can be found on the Town Of Barnstable web site: www.town.barnstable.ma.us. Click department menu, Regulatory Services, Consumer Affairs, and then Licensing. Hard copy versions may be obtained at the Regulatory Services Department, Licensing Office, 200 Main Street, Hyannis MA 02601 Mr. Hoxie stated that this hearing will be continued to 2/23/09 so that everyone can fully review the brief of counsel for one of the Junk Dealers, Attorney Richard Cohen. Increase in Number of Vehicles and change in description of Lot – Class II Auto Dealer: Cape Cod Auto Connection, 152 Ridgewood Avenue, Hyannis, Tom Lundquist, Manager, has requested a change in the description on their Class II Auto dealer License to: .88 acre lot at 152 Ridgewood Avenue, Hyannis, Ma with an office area and the maximum number of vehicles on lot to be 70 vehicles (includes 6 customer spaces and 2 employee spaces) in accord with any restrictions imposed by the Planning Board and Site Plan Review at its 1/12/09 hearing. Tom Lundquist appeared to request the increase as stated. He had purchased the property some time ago and has now gone though the proper authorities to Officer Maher went on record that at the last hearing this dealer did not make any effort to come into compliance with the number on his license; Mr. Lundquist stated the people who were supposed to pick up the extra vehicles put them off for a few days. Mr. Burman asked about final Planning Board approval. Mr. Lundquist stated he has it. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Cod Auto Connection, 152 Ridgewood Avenue, Hyannis, Tom Lundquist, Manager, to change the description on their Class II Auto dealer License to: .88 acre lot at 152 Ridgewood Avenue, Hyannis, Ma with an office area and the maximum number of vehicles on lot to be 70 vehicles (includes 6 customer spaces and 2 employee spaces) in accord with any restrictions imposed by the Planning Board and Site Plan Review at its 1/12/09 hearing. Officer Maher the diagram submitted there are only 7 vehicles near the driveway; he wanted that confirmed which Mr. Lundquist said is correct.

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Increase in Number of Vehicles and change in description of Lot – Class II Auto Dealer: Nantucket Auto Sales, 89 Bassett Lane, Hyannis, Donald Hallett, Manager, has requested a change in the description on their Class II Auto Dealer License to increase the maximum number of vehicles on lot to 18 vehicles (includes 2 visitor spaces and 1 handicap spot). Mr. Hallett appeared to speak to the Board. He stated he met with the Building Commissioner who signed off on a total of 18 vehicles. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Nantucket Auto Sales, 89 Bassett Lane, Hyannis, Donald Hallett, Manager, to change the description on their Class II Auto Dealer License to increase the maximum number of vehicles on lot to 18 vehicles (includes 2 visitor spaces and 1 handicap spot). New Junk Dealer License: Application of Gamestop, Inc., d/b/a Gamestop 4225, 793 Iyannough Road, #B-16B (Cape Cod Mall), Hyannis, MA, Timothy Nance, Manager, for a New Junk Dealer’s License, hours of operation to be 10 am to 9 pm, Monday-Saturday and 12 pm to 6 pm Sunday. Timothy Nance appeared for his application. He is the store manager at the Mall. They have more than 6,000 stores worldwide. They stopped their second hand sales until this meeting once they found out they needed our license. Lt; Jason stated that Sgt. Murphy wanted to put in a good word for Gamestop. They immediately desisted cash for used video games and is now giving store credits. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Gamestop, Inc., d/b/a Gamestop 4225, 793 Iyannough Road, #B-16B (Cape Cod Mall), Hyannis, MA, Timothy Nance, Manager, for a New Junk Dealer’s License, hours of operation to be normal Mall business hours plus special seasonal mall hours Mr. Nance asked for the mall hours – and to expand them for seasonal hours like holiday time. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Lodging House The Embassy Inn

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of The Embassy Inn for renewal of its Lodging House license. Common Victualler Trem de Minas Restaurant Quizno’s Old Country Buffet A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the applications of the above establishments for renewal of their Common Victualler licenses. Mr. Burman suggested that something be put into their file so if this happens again there would be some sanction. Cinema/Theatre Cotuit Center for the Arts A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cotuit Center for the Arts for renewal of its cinema/theatre license. Daily Live Entertainment Cotuit Center for the Arts A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cotuit Center for the Arts for renewal of its Daily Live Entertainment license. Sunday Entertainment Cotuit Center for the Arts A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cotuit Center for the Arts for renewal of its Sunday Entertainment license. Business Meeting: Mr. Hoxie put into record that he would be attending the meeting on Feb 17th with Mr. Burman put on by GMD.

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Discussion took place on liquor license checks returned for insufficient funds – 3 licensees currently without liquor license fees paid. One paid at the end of last week. Mr. Geiler stated this is not new – but there are more this year and usually the response from the licensees is immediate. There has been no communication whatever from these. Sec 7, Ch 138 of MGL makes it clear that no license is granted until the fee is paid, as the case may be. Without that fee they really do not have a valid license. Some years in the past, a decision was made to go there and just take the licenses. We are into week 5 at this point, and need to take a position on how long we would continue to allow them to operate as they are definitely in violation. He also brought up that the Board some years ago offered a half-year payment which only one of these licensees asked for. This was to ease the burden of paying for the entire year license at the end of each year. Mr. Hoxie asked what we did for these checks. Mr. Geiler stated the Treasurer’s Office sent a very specific letter to them and we called them. Mr. Hoxie stated we need to send a certified letter that we need their bank check or money order by a certain specific date or their license is null and void. Mr. Burman stated that because of this economy we need to give them some breathing room, but suggests ½ now and ½ by June…there should be some leniency. Mr. Geiler stated that the law does not leave room for leniency. Mr. Burman suggested we give them notice. Mr. Sullivan stated we should send a letter out right away suggesting a payment date on or before 1 week from receipt of the letter. Mr. Hoxie summarized and stated we will send them notice to pay by February 10th or we will take action. Discussion took place regarding possible change in sanctions for show cause hearings. Mr. Geiler stated he finds nothing saying the Authority cannot amend their sanctions…He stated that the forward to the Town of Barnstable Rules and Regulations states that, “Copies of the regulations are to be kept at each licensed premises and are to be available for review at all times. The Licensing Authority requires all employees of its licensees be familiar with the rules contained herein as well as the obligations mandated by them. It is the intent of the Licensing Authority to make the rules and regulations as accessible as possible to all persons to aid in the general understanding of the Licensing Authority’s roles and functions. Licensees are cautioned that these rules and regulations are not intended to cover every potential combination of circumstances. Should a licensee intend to implement a change in operating

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procedures, which circumstances are not clearly defined in these rules and regulations, an inquiry to the Licensing Office is suggested. Within the body of the rules and regulations there is a section of Ch. 501-15 that deals with suspension orders and requires that anybody who is the recipient of a sanction with a suspension order must post the premises during that period with a sign supplied by the Licensing Authority and that sign must remain affixed during the entire suspension period. It goes on to indicate that the suspension periods may not be used to effect renovations; no members of the public may be on the licensed premises at any time during suspension periods and the business may not be open for any reason. The Licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises. No persons other than the licensee or its employees may be on the premises during the suspension period for any reason. I think it’s clear that when an applicant comes before the Licensing Authority, the Licensing Authority makes every effort to ensure that they have read and understand their rules and regulations and how it would apply to the premises that they intend to operate. On occasion the Licensing Authority explains they most often deal with violations with a sanction; that sanction being a suspension. Having said that, I really don’t see anything in Ch 138 or in our rules and regulations that says you can’t review a decision and if appropriate to amend that decision. I suppose there are several ways you could do that. The only thing I would suggest is that it still need to be consistent. One of the issues raised was whether the food license should be suspended as well as the alcohol license. Clearly within the rules and regulations, 501-15, Section D says no members of the public may be on premises at any time during suspension periods and the premises may not be open for any reason. The Licensee may be on the premises only for actively cleaning or doing office work. For the most part, historically Barnstable has paralleled or certainly modeled their sanctions after actions taken by the ABCC. The difference is that if you are a licensee that is charged, reviewed and convicted by the ABCC and issued a sanction, you have the right to offer a fine in lieu of suspension. They have a formula to calculate that fine on a daily basis based upon the dollar volume of the restaurant or store. Cities and towns do not have that option except there is a provision that can be adopted, and you can exercise that option, that the money goes to the state. Not many communities have adopted that. Mr. Hoxie said he does not think that should be an option for us. What he thinks Mr. Burman means by raising this issue is whether to give the establishments which are not just a bar a separate Common Victualler or Innnholder license or issue one after the alcohol license was suspended for the suspension period and suspend only the alcohol license. For instance if a large motel or hotel was given a suspension for a violation in one of their lounges, would that mean that the entire inn would have to close?

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Mr. Burman asked Mr. Geiler about the front page of our blue book which states that we as an authority adopted these rules. If we adopted them, we can modify them. Licenses are issued under law. Ch. 138 is alcohol and Ch. 140 is CV and Innholder. Mr. Burman stated that the point he wanted to make is that the license for the restaurant or innholder is under a completely different section. Mr. Geiler stated not necessarily; if you read Ch. 138, you’ll see that it specifically authorizes you under the consideration of whether to issue a license that you can grant both a Common Victualler component or an all alcohol component or whatever the components may be as a single license and single vote – as in Common Victualler All Alcohol License. Mr. Burman stated he still felt it was a separate chapter and that is why he is asking both Mr. Geiler and Attorney Houghton to give us some guidance as to how we could change that so that if a sanction issued to an alcohol licensee, that he or she can still serve food. They aren’t in violation of the food. The Board of Health will cite them for any violations with regard to the food. Mr. Hoxie asked how we can determine which ones to grant this privilege to? Or would you allow every licensee to do it? Mr. Burman stated the Authority would decide at the time. Mr. Sullivan asked specifically about the motels; do you close the whole place for the suspension time? If it was separate, we probably would take a different look at the penalties themselves and make them harsher. Mr. Burman stated he would have taken a harsher position if it was only alcohol service – instead of one day maybe three days, not their food license as well. Mr. Burman brought it up as suspending the food he thinks is unfair. Mr. Hoxie asked Attorney Houghton, if we suspend an All Alcohol Common Victualler’s license, can we then issue a Common Victualler’s license only for that period of time during which the All Alcohol Common Victualler’s License is under suspension? Attorney Houghton stated they are in a sense separate but equal licenses. You can’t have a Common Victualler All Alcohol unless you are a Common Victualler. You can’t have an Innholders All Alcohol license unless you’re an innholder. You can, ironically, separate the two. The suspension of the alcohol license is not necessarily a suspension of the innholder or common Victualler license unless you in fact impose that. What we have to do is change 501-15D in such a way that the business of serving alcohol only is suspended unless the Authority specifically votes to suspend both. Section 9 of Ch 140 has different and less stringent regulations. You need to take the offenses on a case by case basis to see if they have violated the UNDERLYING Common Victualler or Innholder license as well as the alcohol license.

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Mr. Hoxie stated we could amend that regulation even though it might be somewhat up to our discretion of what to suspend. Attorney Houghton answered yes; there might be two amendments; one based on the violation they are CHARGED with; what have they violated? Our notices are the alcohol notice. Are they also violations of food service?… Are they violations of providing rooms to transients? We think you violated your alcohol license because of …and we also think you violated your common Victualler license because of … Mr. Hoxie asked if he was correct in thinking if we suspended an Innholder All Alcohol license it meant the whole motel would have to shut down for the period of suspension? Attorney Houghton stated there is enough leeway in the rules for Innholder licenses; that he believes an innholder has to provide both a room and available food service but that they may not have to shut the motel down – just the restaurant on premises with the alcohol. Without changing the regulation you could say the violation is against the food service or the alcohol service. This would not need a change in the regulations. They could continue to rent rooms but can’t operate the bar or possibly the restaurant. They must have on premises “the implements to have food.” They may not be in violation if not serving food. On the other hand, the regulation probably could be particularly with an innholder interpreted that the entire license be suspended. Mr. Burman asked if we keep our licenses as we have been doing them for the last how many years but if a suspension is imposed, swap the license out when the sanction takes place with a plain Common Victualler of Innholder license omitting the alcohol. Attorney Houghton stated we can do that and can differentiate which the Licensing Authority wants. That would solve the internal problems. Mr. Hoxie thought it might not – what about the regulation that no one can be on the premises…as in the rules. Attorney Houghton stated it IS discretionary except that 501-15 should then be amended to be specific “suspend the business” Z(just the license or the entire premises) and that the LA at hearing can decide what exactly they want to close. It would be safer to amend the regulation. Mr. Hoxie said he prefers to keep the one license and amend JUST the regulation to give the Authority on the violation of alcohol to close the entire business or just the part serving alcohol. He asked if it is possible to come up with wording to do that? Mr. Geiler stated he thought that would be possible but stated what needs to be part of the thought process is how it would impact the licensees. It is not an equal situation across the board. Some food is their primary commodity but

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they also have a beer & wine license. Then we have restaurants where food is not their primary focus and alcohol is a significantly larger portion of their total revenue so the impact would be different. From an enforcement standpoint that would be difficult to oversee – would they be allowed to keep the alcohol on the property? How would the Town police that? Mr. Hoxie stated his major concern is the Innholders – especially the larger hotels. We would look at it differently than just restaurants. If we allow them to stay open without the food – the kitchen staff in the restaurant are then penalized by not being able to go to work though they have nothing to do with the violation that occurred in a lounge which is a small percentage of their operation Could we come up with a percentage of food/alcohol? Mr. Burman stated that is a judgment we can decide at the sanctions hearing. Mr. Hoxie asked Attorney Houghton and Mr. Geiler to get together to draft a new regulation to allow the Authority the discretion to do this. Attorney Houghton answered yes and Mr. Geiler said then we could get together. Mr. Geiler then asked whether or not we should treat stings differently from other alcohol violations? He said in his observation our system has worked – the exception being the stings. Other communities usually issue warnings for stings, but we chose not to. Mr. Hoxie asked if maybe Attorney Houghton and Mr. Geiler can look at that too but mainly Innholders. Mr. Geiler stated we did have a facility open this way – a long time ago – the Board wanted to allow them to continue to operate the motel only. They asked the Board of Health to issue a motel license for just that period. Office Maher indicated that Cape Cod Inn kept their rooms open during suspension; just closed the restaurant. Mr. Geiler stated that if there is a qualifier in the decision, that is what rules. Mr. Hoxie stated he knows of a few places that if they had to close their entire operations it would be a major financial burden. Mr. Sullivan also requested a draft be put together with parameters for the Board. Mr. Hoxie reiterated what they would like is some discretion in allowing a common Victualler of innholder to keep operating after suspension of the liquor portion of their license. It was brought up also by the recorder, the Board may want to reconsider the actual time of suspension (currently 1 year from the date of violation). It was requested by several licensees to revisit this policy as well as some dates are much more punitive than others (holidays, etc.). Mr. Hoxie stated this was in the back of his mind and he thinks it should be discretionary at each hearing. Ptl. Maher said we could be like Sandwich where they imposed a sanction on Super Bowl weekend. Mr. Hoxie stated he saw that. Mr. Burman asked if we can have it for the next meeting? Mr. Hoxie asked for may be the March meeting – there is no hurry.

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Attorney Houghton stated he will have the draft for the March 16th meeting. Hearing was adjourned at 10:30 a.m. Respectfully submitted, _______________________________ _____________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority


LICENSING HEARING MINUTES Town Office Building, 200 Main Street, Training Room, Hyannis, MA – 11:00 a.m.

March 12, 2009 A Special Meeting of the Barnstable Licensing Authority was held on Thursday, March 12, 2009 at the 200 Main Street, Hyannis, Training Room at 11:00 a.m.. Present were Martin Hoxie, Chairman, Paul Sullivan, Clerk, and Christine Ade, Recorder. Hearing: One Day Entertainment: Application of Diane Wood-Bielski on behalf of the Highland Light Scottish Pipe Band, for a One Day Entertainment License for a Celtic Music Night at Horace Mann Charter School, 760 Osterville/West Barnstable Road, Marstons Mills, on March 14, 2009 from 5:30 pm to 10 pm. Joseph Gaska, Pipe Major and Dennis Smith appeared for the application. They perform at many local parades, practice at least weekly. They have been in existence many years now. There is a fee at the door for the event and there will be dancers as well as music. A motion was duly made by Paul Sullivan, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Diane Wood-Bielski on behalf of the Highland Light Scottish Pipe Band, for a One Day Entertainment License for a Celtic Music Night at Horace Mann Charter School, 760 Osterville/West Barnstable Road, Marstons Mills, on March 14, 2009 from 5:30 pm to 10 pm. Adjourned at 11:10 a.m. Respectfully submitted, _______________________________ _________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority




C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PTA82XBI\03-16-09 minutes.DOC


Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. March 16, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, March 16, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Entertainment: Application of Eli Aguiar on behalf of Alegra Brasil Gospel Book Store, 192 Iyannough Road, Hyannis, MA for a One Day Entertainment license for a performance by Lazaro and Band on April 12, 2009 from 3 pm to 5 pm at the Barnstable High School Performing Arts Center, West Main Street, Hyannis. Mr. Aguiar appeared for his application. He is a member and director of the Brazilian Gospel Church as well. His event is April 12th from 3 pm to 5 pm; they expect 1,500 people. Mr. Burman asked about the number of people – he asked if they have enough security; Mr. Aguiar stated that they do. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Eli Aguiar on behalf of Alegra Brasil Gospel Book Store, 192 Iyannough Road, Hyannis, MA for a One Day Entertainment license for a performance by Lazaro and Band on April 12, 2009 from 3 pm to 5 pm at the Barnstable High School Performing Arts Center, West Main Street, Hyannis. Change from Seasonal to Annual All Alcohol Club License: Application of Cotuit Highground Golf Club, Inc., Paul Heher, Manager, 31 Crocker Neck Road, Cotuit for a Change from a Seasonal All Alcohol Club License to an Annual All Alcohol Club License. WITHDRAWN 3/3/09 by letter received from the applicant in person.




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Mr. Hoxie stated that the request of the applicant to dismiss the application of Cotuit Highground Golf Club, Inc., Paul Heher, Manager, 31 Crocker Neck Road, Cotuit for a Change from a Seasonal All Alcohol Club License to an Annual All Alcohol Club License was accepted by the Board. Change of Manager: Application of TGI Friday’s, Cape Cod Mall, Route 132, Hyannis, MA, Christopher Craig, Manager for a Change of Manger on the All Alcohol Common Victualler License to Donald James Raymond. Mr. Raymond appeared for this application for change of Manager with Mr. Napoli from the corporation. He has quite a bit of experience (since 1984). He was the Manager at Uno Chicago Grill most recently. Mr. Craig has left the company. Officer Maher stated the level of supervision in the past has not been that great at night, especially in the summertime – there have been both underage service and fights. A high degree of supervision is paramount – he stated the Manager must be out on the floor late night. Mr. Raymond acknowledged Officer Maher’s comments. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of TGI Friday’s, Cape Cod Mall, Route 132, Hyannis, MA, Christopher Craig, Manager for a Change of Manger on the All Alcohol Common Victualler License to Donald James Raymond. Change in Description – Common Victualler License: Application of Ralph Crossen on behalf of Kefalonites, Inc., d/b/a The Egg & I, 521 Main Street, Hyannis, Peter Kappatos, Manager, for change in the description on its Common Victualler License to include total seating 180; with a maximum of 124 outdoors. License is subject to Site Plan Review 042-08 conditions with seating plan approved by the Building Commissioner on 1/8/09, Historic District Commission conditions on application approved 1/7/09, and letter of conditions from the Public Health Division dated 1/29/09. Attorney David Lawler, on behalf of The Egg & I, requested a continuance to 3/30/09. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application to 3/30/09 of Ralph Crossen on behalf of Kefalonites, Inc., d/b/a The Egg & I, 521 Main Street, Hyannis, Peter Kappatos, Manager, for change in the description on its Common Victualler License to include total seating 180; with a maximum of 124 outdoors. License is subject to Site Plan Review 042-08 conditions with seating plan approved by the Building Commissioner on 1/8/09, Historic District Commission conditions on application approved 1/7/09, and letter of conditions from the Public Health Division dated 1/29/09. New Common Victualler License: Application of Ocean, Inc., a subsidiary of Boston Restaurant Associates, d/b/a Regina Pizzeria Cape Cod Mall, 793 Iyannough Road, Hyannis, MA, Francis E. Fawcett, Manager, for a new Common Victualler License, the hours of operation to be regular Cape Cod Mall hours.

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Francis Fawcett appeared for this application for a new Common Victualler License at the Mall. Stephen Napolitano from the corporation appeared with him. Mr. Fawcett has been with them for 10 years, managing at Kingston. He lives here so this is much more convenient for him. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Ocean, Inc., a subsidiary of Boston Restaurant Associates, d/b/a Regina Pizzeria Cape Cod Mall, 793 Iyannough Road, Hyannis, MA, Francis E. Fawcett, Manager, for a new Common Victualler License, the hours of operation to be regular Cape Cod Mall hours. New Daily Live and Non-Live Entertainment Licenses: Application of Pain D’Avignon, II, Inc. d/b/a Pain D’Avignon, 15 Hinckley Road, Hyannis, Mario C. Mariani, Manager, for a new Daily Live Entertainment License for up to 4 entertainers, from 12 pm to 12 am and for a new Daily Non-Live Entertainment License for the same hours. David Lawler, Esq. appeared with Mario Mariani for anapplication for entertainment at the new café. Mr. Lawler advised it came before us a few months ago without the entertainment request but they do want it now. It will be very low key. It will not interfere with any neighbors. Mr. Mariani stated it is just for ambience. Mr. Burman asked about the motel next-door; Mr. Mariani stated there is not a motel nearby – that is on the other side of the road down a couple blocks. There is a large airport parking lot between and a warehouse. It is far enough away they would not hear anything. They have a large communal table with a picture window looking onto the wholesale business. The music will be in the warehouse building behind the picture window that will be pulled up for the entertainment (it is an inside window) on the other side of the wall from the café and facing away from the Circuit City building. This is a commercial/industrial area. The planes are louder than any music could ever be in the area. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Pain D’Avignon, II, Inc. d/b/a Pain D’Avignon, 15 Hinckley Road, Hyannis, Mario C. Mariani, Manager, for a new Daily Live Entertainment License for up to 4 entertainers, from 12 pm to 12 am and for a new Daily Non-Live Entertainment License for the same hours. Change of Manager: Application of Pufferbellies, Inc., 183R Iyannough Road, Hyannis, MA, Jean Aroustamian, Manager for a Change of Manger on the All Alcohol General on Premises License to Michael B. Travers. David Lawler, Esq., appeared for Pufferbellies along with Ms. Aroustamian (who remained seated) and Mr. Travers for the Change of Manager application. Mr. Travers has been acting as the floor manager for many years. Their record has been pretty stellar for the past few years during the time he has been there. They run as tight a ship as possible. They are vigilant about checking for minors, having a metal detector. He cooperates well with the BPD.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Pufferbellies, Inc., 183R Iyannough Road, Hyannis, MA, Jean Aroustamian, Manager for a Change of Manger on the All Alcohol General on Premises License to Michael B. Travers. Alteration of Premises: Application of Country Club Elite, Inc., d/b/a Philbrick’s, 1480 Route 149, Marstons Mills, MA, Ian Philbrick, Manager, to alter the premises description to include: “and 18 holes on golf course.” David Boyle, Assistant Manager, appeared for h is appl icat ion to extend beer serv ice and sandwiches to the ent i re gol f course at certa in stops designated on the plan provided. A new state law has recent ly gone in to ef fect which would legal ize th is. I t is the f i rs t such appl icat ion in the Town. They wi l l get the cart f rom John Deere. The dr ivers wi l l be over 18 and t ra ined. They bel ieve i t would be bet ter than people br inging beers onto the course. A lot of other states have had th is pr iv i lege for some t ime. They wi l l serve cans of beer only. Mr. Sul l ivan wondered how the Town Manager would feel about th is. He is hesi tant to vote on i t unt i l he knows the feel ings of the Town Manager. He does not th ink i f they said no i t would impact the number of gol fers there. Mr. Boyle asked i f they went to the Town Manager and others to get an o.k. i f i t would change his mind. Mr. Burman wondered about Junior members on the course and how they could contro l i t . He agrees that we should cont inue the hear ing to get more informat ion before vot ing on i t . Mr. Sul l ivan stated the Town owns al l of the property and Mr. Phi lbr ick leases the property. Mr. Gei ler stated that in addi t ion to get t ing more informat ion they prepare a lot more detai led presentat ion of what wi l l actual ly be provided. How wi l l they get i t to the cart ; what happens when the operator takes a break; where does the cart go, etc. Mr. Hoxie cont inued the hear ing to 3/30/09. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue to 04/13/2009 the application of Country Club Elite, Inc., d/b/a Philbrick’s, 1480 Route 149, Marstons Mills, MA, Ian Philbrick, Manager, to alter the premises description to include: “and 18 holes on golf course.” Extension of Hours: Appl icat ion of Marylou’s News, Inc., d/b/a Marylou’s Coffee, 1481 Iyannough Road, W. Barnstable, MA, Arleen Simpson, Manager, for a Change of Hours to 5 am to 8 pm starting in mid-March. Jody Murphy appeared for this application, and advised that a new Manager has been put into place – Claudia McCarthy will be the acting manager. Mr. Geiler asked for a letter on that to be sent to the Licensing Authority with a timetable to be provided. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Marylou’s News, Inc., d/b/a Marylou’s Coffee, 1481 Iyannough Road, W. Barnstable, MA, Arleen Simpson, Manager, for a Change of Hours to 5 am to 8 pm starting in mid-March.

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Changes to Junk Dealer Rules and Regulations: The Barnstable Licensing Authority will hold a public hearing on proposed amendments to the Rules & Regulations of the Licensing Authority, Chapter 502, Junk Dealers. Copies of the proposed regulation changes can be found on the Town Of Barnstable web site: www.town.barnstable.ma.us. Click department menu, Regulatory Services, Consumer Affairs, and then Licensing. Hard copy versions may be obtained at the Regulatory Services Department, Licensing Office, 200 Main Street, Hyannis MA 02601 Continued so that everyone could fully review the brief of counsel submitted by one of the Junk Dealers. Continued from 2/2/09 and 2/23/09 hearing. Attorney Houghton stated there will be 2 amendments to Chapter 502 as a result of comments by Attorney Richard Cohen, and he thanked Attorney Cohen for his thoroughness and suggestions and good work. He stated that it will allow the Police Chief upon written request to shorten the holding period – Lt. Jason, Officer Maher and Detective Murphy had proposed 21 days and 14 days; Attorney Houghton also praised them all for their good work. However, the addition of this provision as a safety valve would be very helpful considering modern communication, etc. It will serve the purpose for which the police department intended it to do. Attorney Houghton stated that the second amendment is largely my suggestion, adding 502-11 which is a severability provision on this chapter. He also credits Attorney Cohen for part of this provision. Attorney Richard Cohen appeared to thank Attorney Houghton. He stated they disagree on a few details – including the $50.00 cash limit on a practical visit. That is only 1/20th of an ounce of gold. Even $500.00, which would be ½ oz., is smaller than the average gold transfer. When gold is trading at over $900.00 per ounce, it is naïve to assume it will remain the same. The fluctuations in the amount of the check are small. He suggests we leave this provision in Chapter 502 as it currently stands alone, and not require checks. He also stated that the airwaves and T.V. are ripe with offers of cash for gold. He stated that we allowed Spindle City to come in with no restrictions. We have plenty of other checks and balances on the ID’s etc. There is already enough on the regulations to protect us. He stated we do not need this regulation at all. He said that he agrees with Attorney Houghton on the holding provisions. He also does not think we should restrict gold coins. He thinks they should be exempted from junk dealer licenses. There is no need for a regulation for this. They are traded for their face value. Also, he stated that a new list of qualifications would be needed to make sure this works, should we adopt it. Mr. Hoxie stated he is aware of Attorney Houghton’s views on the checks and cash amount but not his opinion on coins. Attorney Houghton deferred to the BPD as to whether coins would be included in this license. He said he is not advising that coins be stricken. Mr. Sullivan asked if Attorney Houghton could define whether in Ch. 140, Sec 55 where it includes or does not include articles under the junk dealer’s license, coins are exempt. Attorney Houghton stated it does not specifically put them IN or take them OUT as second hand. Mr. Sullivan

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stated it does not fall into that meaning so It must then be considered metal. Books, stamps, prints, etc. are mentioned as being exempt. Attorney Cohen stated that he is looking at coins as secondhand articles, we are looking at them as metals. If it is a coin collection – it may be considered under the junk dealer license if sold as a collection and be exempt. If it was one or two coins it would NOT be exempt as not a collection. The dealers would have to differentiate what they are purchasing and why. Mr. Hoxie asked Lt. Jason, who deferred to Officer Maher. Officer Maher stated that Weymouth states the coins fall within the metals category because of their transferability and transportability. It would be useful as a regulation. Atty. Cohen stated there is no end to regulation if we want to impose it but with respect to the logic of coins being a metal – so would oxygen tanks be valuable for their platinum. He stated Mr. Sullivan is absolutely correct in his assumptions. Mr. Sullivan would like to hear from Detective Murphy. Detective John Murphy stated they feel it necessary to bring this forth and strongly recommend the Board adopt this because of the increase in property-related crimes; monitoring and returning the items to rightful owners. Regulating them would allow the BPD to check these coins with what has been reported stolen – as in a collection. It would give greater protection to the citizens of the Town. He also commented on the check issue – he thinks that is VERY important. A lot of narcotic addicts are thinking for the moment – “I need something now.” The check becomes a deterrent to the sale. A drug dealer does not take a check. The person would have to go to a bank and then on to wherever they were purchasing. It offers a safety valve for the store owner as well – to possibly stop payment if the item turns up stolen. It has a two-fold benefit. Mr. Hoxie stated what we have before us this morning is an amendment to the Junk Dealer Regulations. He believes we should adopt the regulations on the checks and coins and severability. Tim Ferreira came forward to speak on this issue, saying it will impose hardship on the junk dealers if 502-6b dealings can only take place at the licensed premises; since 1968 his dad had a business. He came here to pick up things; taking them back to New Bedford. We would now be restricting him from going to other towns. This will restrict all the dealers. He asks we take this restriction out of the proposed amendments. Douglas Sinclair came forward to speak in opposition to the proposed changes as a jewelry store owner and precious metals dealer. He holds a CDL drivers license with many rules. He thinks our Board should be careful with rules with regard to the cash limit $50, $500; 20 days hold and coins issue. He works closely with the police and has recovered precious metals for the police. He is a non-drug, non-alcohol person. He says there is no hold on a check – they (drug people) will go to a local bank and cash that check. The paperwork junk dealers use is what protects everyone, not the cash or check limit. He believes it is unconstitutional, stating that the American dollar is used for any public and private debts. The “USA, We the People” is stamped right on the new

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$10 bill. It means we can buy or sell however we want with this currency. How can anyone tell a business owner how to conduct its business? Mr. Geiler asked him if a 15 year old brought money to a bar would he be entitled to buy? Mr. Sinclair, said no; Mr. Geiler stated that is because of a regulatory process, like this, controlling it. Mr. Sinclair then stated we need to be able to trade on a daily basis to stay competitive with everyone – the ads, TV, mail-ins etc. They will be driving business out of our own town to other towns. We will lose that business. He stated there are more than ever senior citizens selling their goods so they have vacation money, etc. On the coin matter, it should be completely exempt – as should paper money. They are a type of hobby; not junk metal. This is and should always remain a cash business. No coins are junk metal – they are precious valuable, collectible items. The junk dealers are an asset to the community, not the problem. He has worked with many Cape towns returning any stolen items he comes across. Police can ask the dealers to testify in court, which is how it is handled now. Mr. Hoxie asked the BPD for comment. Detective Murphy responded that the 21 day hold putting them out of business is simply not true. All the jewelry stores in Boston work on a 30 day loan period. In the provision proposed, there is a safety valve for quick turnaround – contact the BPD to check authenticity of the owner and sign off quickly. As far as the check goes, yes, they may run to a bank but it adds a second layer of protection against these people. Phony ID would be caught at the bank. It also then adds video surveillance at the bank to identify the people possibly trying to sell stolen merchandise. He recognizes it may cause some inconvenience but believes it is a just and required change. Weymouth, Brockton, Boston and New Bedford all have 30 day holds. Mr. Hoxie asked Attorney Houghton a few more questions. Mr. Sullivan stated that these changes are being proposed by the BPD and assumes for very good reason. It may be a comment about how the times are changing to require this. Detective Murphy said he has seen a dramatic increase in property related crime in the past 2 years and addictions to oxycontin. People are stealing from homes and turning it around to secondhand dealers. He likens it in his personal opinion as a police officer in town for 20 years to the 1 am to 3 am closing imposed by the Town. That has reduced violence dramatically as this regulation will reduce property theft in town. The other Cape police departments are watching this. It is a topic of conversation in other towns and they may be adopting rules and regulations of their own because of what we do here. Mr. Hoxie asked when the new regulations would go into effect. Mr. Geiler stated the Licensing Authority has the authority to adopt these rules and nothing would restrict immediate impact. Under town structure, these changes become part of the Town

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Code – which requires Town Council adoption and a 30 day period after which it would become effective. Attorney Houghton stated it does not need Town Council adoption – the code is only a book. Our changes could be immediate. Attorney Cohen stated we are now creating a new class of criminal laws. Only the legislature can pass criminal laws. He stated that you can’t do that (the Board) and he respectfully disagrees with Attorney Houghton. Mr. Hoxie agreed aloud with Attorney Houghton. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the proposed amendments to the Rules & Regulations of the Licensing Authority, Chapter 502, Junk Dealers as amended. This motion was later withdrawn. Mr. Houghton stated we have to vote on the amendments. Attorney Houghton said we have to have separate motions. A motion was duly made by Mr. Burman that Chapter 502, Junk dealer Regulations of the Code of the Town of Barnstable be stricken and that Chapter 502 Secondhand Dealers and Secondhand Collectors introduced at a public hearing on January 12, 2009 be substituted. Paul Sullivan seconded the motion and it unanimously carried. A second motion was duly made by Eugene Burman, seconded by Paul Sullivan that the proposed Chapter 502 introduced on January 12, 2009 be amended by striking subsection 502-8(G) and substituting the following: “G. A Secondhand Dealer or Secondhand Collector may from time to time request in writing that the Police Chief shorten the length of the holding period. If the Police Chief or his designee determines relief from the holding period is appropriate due to unreasonable hardship, the Police Chief or his designee shall provide the Secondhand Dealer or Secondhand Collector who requested relief with written authorization to sell, transfer or otherwise dispose of the regulated property. The request shall identify the property and state the basis or bases of the unreasonable hardship or hardships. The authorization shall be effective only upon delivery of the written authorization to the secondhand dealer.” The motion unanimously carried. A third motion was duly made by Eugene Burman and seconded by Paul Sullivan that the proposed Chapter 502 introduced on January 12, 2009 be amended by adding the following subsection 502-11: “Severability. Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect.” The motion carried unanimously. A fourth motion was duly made by Eugene Burman and seconded by Paul Sullivan that Chapter 502 Secondhand Dealers and Secondhand Collectors as amended be

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substituted for the current Chapter 502 of the Town Code. The motion unanimously carried. Mr. Burman asked to set an effective date on the Junk Dealer Regulations. Lt. Jason suggested the new regulations be effective upon renewal on May 1, 2009. A last motion was duly made by Eugene Burman and seconded by Paul Sullivan. The motion unanimously carried. Lt. Jason stated that the BPD will also hold a seminar for all Junk Dealers with regard to these new regulations on April 9, 2009 at the Police Department facility at 10:00 a.m.. Mr. Ferreira asked if the new regulations would affect can pickup; Lt. Jason stated they will not. Officer Maher suggested he attend the BPD Seminar. Mr. Hoxie thanked Attorneys Houghton & Cohen. Show Cause Hearing: Show Cause Hearing for Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 31 G&H Thornton Drive, Hyannis, at the request of the Barnstable Police Department relative to violations of the restrictions incorporated as part of, and printed on his Junk Dealer’s License to wit: “No unregistered vehicles may be left outdoors on the property, no motor vehicles may be bought or sold under this license, no hazardous materials may be stored except minimal amounts required for normal building cleaning or maintenance, no storage of junk, old metals or scrap metals or secondhand articles outside the building and no storage containers outside of the building on the property except for one trash container. These restrictions must be adhered to even if the activities are allowed under any other permits or licenses you may hold.” The alleged violations are as follows: 11/26/08: One unregistered vehicle; three storage containers filled with scrap metal outside on the licensed property; 11/30/08: One storage container filled with scrap metal on the licensed property; 12/2/08: One storage container filled with scrap metal on the licensed property; 12/6/08: Three full containers filled with scrap metal on the licensed property including a vehicle frame in one of them and an unregistered vehicle on a flatbed tow truck on the licensed property; 12/12/09: Two storage containers filled with scrap metal on the licensed property; 12/18/08: Two storage containers filled with scrap metal, scrap metal on the ground and an unregistered vehicle on a flatbed tow truck on the licensed property; 12/23/08: Four storage containers filled with scrap metal on the licensed property; 12/31/08: Four storage containers filled with scrap metal on the licensed property and one unregistered vehicle as well as a Ferreira’s truck parked on the side of the street; 1/12/09: Four storage containers filled with scrap metal on the licensed property and three unregistered vehicles on the licensed property and a Ferreira’s truck parked on the side of the street; 1/19/09: Five storage containers filled with scrap metal, several piles of scrap metal on the ground including water heaters, grease hoods and a refrigerator with a door still attached on the licensed property;1/25/09: Three full containers of scrap metal on the licensed property as well as five unregistered vehicles; 1/31/09: Three full containers of scrap metal on the licensed property and scrap metal

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on the ground as well as one unregistered vehicle on the licensed property. In addition, there were several containers observed by the Police Department left on the south side of Kids Hill Road on property owned by the Town of Barnstable. On 1/31/09 one container had a marking on it indicating it was owned by Mr. Ferreira. The total violations are: “No unregistered vehicles outside on the property” – 13 counts; “No storage of junk, old metals or scrap metals or secondhand articles outside the building” – 2; “No storage containers outside the building on the property except one trash container - 35 counts; container left on property at Kids Hill Road – 1 count; Ferreira’s truck parked on the side of the street – 2 counts. A w of the Licensee’s attorney ten request was received by the Licensee’s attorney to continued this hearing to April 6, 13 or 20th; our hearing is April 13th. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the Show Cause Hearing for Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 31 G&H Thornton Drive, Hyannis, to April 13, 2009 at the request of his attorney. Business Meeting: Discussion and vote with regard to changes to Chapter 501-25 sanctions requested by the Licensing Authority and prepared by Attorney Houghton and Mr. Geiler. Mr. Burman stated he has no quarrel with the recommendations on sanctions by Attorney Houghton. Mr. Hoxie stated it would then take two separate hearings…Attorney Houghton stated that would not be a requirement; it could be handled at the same hearing, but it might take a two step process to gather all the information needed to make the decision. Mr. Geiler stated it is his opinion that the dual process, two vote process could all be done in one day but might be better done at a future hearing. All the evidence presented is what helps you form a decision. The sanction part can’t be researched in advance. It would give the Board time to develop the motions they want to put forward and have adopted. The danger of missing a word or two is more if it happens right at the hearing and the wait would eliminate that problem. The Board would certainly be free to go ahead and make a vote if they are comfortable doing so. Mr. Hoxie said it was pointed out that it might be more difficult to monitor the sanctions by staff. Mr. Hoxie asked that this issue be put forward after advertisement for the 3/30/09 or 4/13 meeting. Attorney Houghton stated April 13th it will be. The Board was asked to vote to release Executive Session Meeting Minutes from 9/18/08 regarding Show Cause Hearing now resolved and which was not appealed. A motion was duly made by Gene Burman to open the minutes of the Executive Session of 9/18/09. It was seconded by Mr. Sullivan and unanimous vote was taken to approve release of those minutes to the public.

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Adjourned at 10:50 a.m. Respectfully submitted, _____________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Barnstable Licensing Authority Barnstable Licensing Authority


Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. March 30, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, March 30, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Katie Donahue and Christine Ade, Recording Secretaries. Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, were absent. Hearings: One Day Beer & Wine License & Entertainment Licenses: Application of John F. Maher on behalf of The Holy Ghost Society of Santuit/Cotuit, 17 Constant Lane, Cotuit, MA for two One Day Beer & Wine Licenses and a One Day & Sunday Entertainment License (4-5 member Cross Country Band) for its annual Portuguese Feast on June 20, 2009 from 5 pm to midnight and June 21, 2009 from noon to 6 pm at the Holy Ghost Society, 53 Main Street, Cotuit. Mr. Maher appeared for the application. This is the 118th feast in Cotuit. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of John F. Maher on behalf of The Holy Ghost Society of Santuit/Cotuit, 17 Constant Lane, Cotuit, MA for two One Day Beer & Wine Licenses and a One Day & Sunday Entertainment License (4-5 member Cross Country Band) for its annual Portuguese Feast on June 20, 2009 from 5 pm to 11 pm and June 21, 2009 from noon to 6 pm at the Holy Ghost Society, 53 Main Street, Cotuit. Mr. Hoxie asked for a recess for 5 minutes for technical problems. Upon return, he announced that Mr. Sullivan would not be present at the remainder of the hearing. One Day Beer & Wine License: Application of Heather Donnelly on behalf of the MSPCA, 41 North Street, Middleborough, MA for a One Day Beer & Wine License for a Silent and Live Auction to benefit the MSPCA’s Guardian Angel Fund at Cotuit Center for the Arts, 1577 Falmouth Road, Cotuit, Ma on May 2, 2009 from 6 pm to 9 pm.




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Heather Donnelly appeared for the application. MSPCA Centerville is holding this – the 3rd annual event. They expect about 150 people. The same people as always will serve the alcohol. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Heather Donnelly on behalf of the MSPCA, 41 North Street, Middleborough, MA for a One Day Beer & Wine License for a Silent and Live Auction to benefit the MSPCA’s Guardian Angel Fund at Cotuit Center for the Arts, 1577 Falmouth Road, Cotuit, Ma on May 2, 2009 from 6 pm to 9 pm. One Day Beer & Wine License & Entertainment License: Application of Amy Duquette on behalf of Cape Cod Life Publications, 60 North Street, Hyannis for a One Day Beer & Wine License and One Day Entertainment License for a second annual food and wine festival to be held on May 31, 2009 at Rectrix Aerodrome, 730 Barnstable Road, Hyannis from 3 pm to 6 pm. Ms. Duquette appeared for the application. This is their 2nd annual event. It is from 3 – 6 pm. They expect several wineries and restaurants. The admission fee is $75.00, proceeds to benefit the Arts Foundation of Cape Cod. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Amy Duquette on behalf of Cape Cod Life Publications, 60 North Street, Hyannis for a One Day Beer & Wine License and One Day Entertainment License for a second annual food and wine festival to be held on May 31, 2009 at Rectrix Aerodrome, 730 Barnstable Road, Hyannis from 3 pm to 6 pm. One Day Beer & Wine License: Application of Amy Duquette on behalf of Cape Cod Life Publications, 60 North Street, Hyannis for a One Day Beer & Wine License for a two hour reception at Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit on June 4, 2009 from 4 pm to 6 pm. Amy Duquette appeared for the second application. This is at Cotuit Center. Tickets go to benefit the Arts Foundation. Mr. Geiler asked her to check with Health Dept. on both applications. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Amy Duquette on behalf of Cape Cod Life Publications, 60 North Street, Hyannis for a One Day Beer & Wine License for a two hour reception at Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit on June 4, 2009 from 4 pm to 6 pm. One Day Wine Only License: Application of Lucy Loomis on behalf of Sturgis Library, 3090 Main Street, Barnstable for a One Day Wine Only License for an open house to launch a new cookbook that the Library has put together. The event is being held on May 3, 2009 from 3 pm to 5 pm.

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Ms. Fuller appeared for her wine license. It is going to be held as a fundraiser for the library. Food will be brought in by cookbook participants. The cookbook is $15.00 – Simply Sturgis. The event is $5.00. She had a question – she requested the permit fee be waived for the library permit. Mr. Hoxie agreed that it would be waived. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Lucy Loomis on behalf of Sturgis Library, 3090 Main Street, Barnstable for a One Day Wine Only License for an open house to launch a new cookbook that the Library has put together. The event is being held on May 3, 2009 from 3 pm to 5 pm. One Day Beer & Wine License: Application of Vicky Nixon on behalf of Rockland Trust Company, 442 Main Street, Hyannis, for a One Day Beer & Wine License for a Business After Hours event to be held on April 15, 2009 from 5:30 pm to 7:30 pm in the bank front lobby. Dee Petrella appeared for the application. It is a Business After Hours event, co-hosted by Palio Pizzeria who will provide the beer and wine. There will be no charge for the alcohol. Clients of the bank and Chamber members are invited. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Vicky Nixon on behalf of Rockland Trust Company, 442 Main Street, Hyannis, for a One Day Beer & Wine License for a Business After Hours event to be held on April 15, 2009 from 5:30 pm to 7:30 pm in the bank front lobby. New Annual Common Victualler Wine & Malt License: Application of Louis Capolino and Gennaro Sferrazzo, d/b/a Caffe e Dolci, 430 Main Street, Hyannis, Louis Capolini, Manager, for a new Annual Common Victualler Wine & Malt License, with a total of 38 seats indoors and 24 seats on an outside patio. Attorney Jane Davis appeared with Louis Capolino, long time manager with the café since the 80’s and his partner, Genarro Sferazzo. The café has remodeled a bit with Town permission and inspections and would now like to serve a pasta night – cooking is spectacular. They have been urged through the years to offer an evening meal and would like to offer a glass of wine or beer with those meals. It is a small, quiet place. Mr. Hoxie asked if they plan to serve it outside? Attorney Davis was questioned about the abutter notification and green cards. Mr. Hoxie asked about experience in service – Mr. Sferrazo was the chef at Barolo and manager for a liquor license in Boston. They intend to serve with lunch and dinner. Mr. Hoxie asked if any patrons had requested this. Ms. Davis said they had. Mr. Sullivan recused himself from the hearing. Mr. Burman asked about the change of manager in the paperwork – Mr. Capolino will remain Manager.

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A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Louis Capolino and Gennaro Sferrazzo, d/b/a Caffe e Dolci, 430 Main Street, Hyannis, Louis Capolini, Manager, for a new Annual Common Victualler Wine & Malt License, with a total of 38 seats indoors and 24 seats on an outside patio; operation until 11 pm in the summer; 6-9 in the summer. Transfer of Wine & Malt Package Store License: Application for Transfer of its Annual Wine & Malt Package Goods Store License has been made by Christy’s of Cape Cod, LLC, Christy Mihos, Manager, 50 Ocean Street, Hyannis, MA to Hess Mart of Massachusetts, LLC, d/b/a Hess Express 21243, 50 Ocean Street, Hyannis, MA, Donald P. Viera, III, Manager. Attorney Paul Tardif, Yarmouthport, MA represents Hess. They are seeking transfer of the wine and malt package store license. Renee Schrooland Andy Lautenbacker from Hess were present as well. Notice to abutters and green cards were submitted. The typical hours for Sunday and present hours are requested. They have surveillance cameras and are very conscious of photo ID for alcohol served to minors. Hess conducts its own liquor sales program. Mr. Viera and the assistant manager have taken their TIPS training. The beer and wine coolers are in the back. The beer and wine will be in the cooler except some wine displays which are small. Mr. Hoxie asked if the Kingston location has been and wine? They do not. He asked if Mr. Viere has experience in sale of beer and wine – he has taken his training. Mr. Burman asked about the license being issued to Christy Mihos – he was the manager with an office right nearby. How many hours does Mr. Viera expect to be on premises? Mr. Viera stated 52 hours. The assistant manager would be on site other hours and is also TIPS trained. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Christy’s of Cape Cod, LLC, Christy Mihos, Manager, 50 Ocean Street, Hyannis, MA to Hess Mart of Massachusetts, LLC, d/b/a Hess Express 21243, 50 Ocean Street, Hyannis, MA, Donald P. Viera, III, Manager for Transfer of its Annual Wine & Malt Package Goods Store License. Corporate Officer Change: Application of GMRI, Inc., d/b/a Olive Garden, 1095 Iyannough Road, Hyannis, MA, Tracy Kempaner, Manager, for a Corporate Officer Change. No one appeared for the application and Christine Ade indicated that was because it was filed directly with the ABCC for all the applicable towns and we just needed to vote to approve it. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of GMRI, Inc., d/b/a Olive Garden, 1095 Iyannough Road, Hyannis, MA, Tracy Kempaner, Manager, for a Corporate Officer Change.

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Change to Daily Live Entertainment License and addition of Automatic Amusement License for 2 video games: Application of Tommy Doyle’s of Hyannis, LLC d/b/a Tommy Doyle’s Irish Pub & Restaurant, 334 Main Street, Hyannis, Matthew Vazquez, Manager, for a change to its Daily Live Entertainment License currently for 3 stages with up to 3 entertainers per stage to a total of not more than 9 entertainers split among the stages, and for a new Automatic Amusement License for two video games. Alan O’Sullivan appeared for the application as the owner. He stated that when they originally applied they did not realize they would want more at the middle stage – up to 6. They have put in some special equipment to limit decibels from the entertainers who turn up the sound themselves. The sound is at the control of the restaurant. They now have 3 entertainers per stage – 9 total at the establishment. They do not want more entertainers – just a new configuration. They are filing this application to clarify the language on their license. Depending on the event – usually the number is a max of 6 on any one stage. They have also applied for 2 automatic amusement games – trivial pursuit and a safari game in the bar area. No gambling or payout from the machines. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Tommy Doyle’s of Hyannis, LLC d/b/a Tommy Doyle’s Irish Pub & Restaurant, 334 Main Street, Hyannis, Matthew Vazquez, Manager, for a change to its Daily Live Entertainment License currently for 3 stages with up to 3 entertainers per stage to a total of not more than 9 entertainers with up to 6 on any one stage, and for a new Automatic Amusement License for two video games with no gambling or gaming. Change in Description – Common Victualler License: Application of Ralph Crossen on behalf of Kefalonites, Inc., d/b/a The Egg & I, 521 Main Street, Hyannis, Peter Kappatos, Manager, for change in the description on its Common Victualler License to include total seating 180; with a maximum of 124 outdoors. License is subject to Site Plan Review 042-08 conditions with seating plan approved by the Building Commissioner on 1/8/09, Historic District Commission conditions on application approved 1/7/09, and letter of conditions from the Public Health Division dated 1/29/09. Continued from 3/16/09. Ralph Crossen appeared for the application. At his first appearance last October (a show cause hearing for violations of the outside dining because of a language barrier), Mr. Crossen came aboard to get it all approved so he could do what he needed. They have had 4 Historic hearings for a patio as poured, a bollard, a fence, an awning and several planters. Site Plan Review wanted a plan which was signed off by the Building Commissioner. The Board of Health got involved – their seating goes by the plumbing code – different than the building capacity code. The maximum they allow is 180. This then takes precedence unless they add more bathrooms. They are asking for outside of 124 and no more indoors than it takes to total 180 with a maximum of 120 indoors. Conditions were also imposed for air curtains, a hose bib and an outside sink, etc. They are o.k. with Mr. Crossen going forward now – last meeting the air curtain was not in yet. Mr. Hoxie asked if it is in conflict with the original SPR? Mr. Crossen stated it

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modifies it – the original allowed more inside and less outside. We have the new plan showing that the trump card is the 180 Health code allowing 180 total inside and out. The Occupancy certificate is 156 inside. That has not changed. But the SPR states 120 inside maximum. Mr. Hoxie asked their hours – it is 6 am to 2 pm. Nothing at night, which was a concern to the police. They have not even started to serve lunches yet. No liquor, no dinners. Mr. Burman was concerned if it rains that too many people would go inside. A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the application of Ralph Crossen on behalf of Kefalonites, Inc., d/b/a The Egg & I, 521 Main Street, Hyannis, Peter Kappatos, Manager, for change in the description on its Common Victualler License to include total seating 180; with a maximum of 124 outdoors and maximum of 120 inside. License is subject to Site Plan Review 042-08 conditions with seating plan approved by the Building Commissioner on 1/8/09, Historic District Commission conditions on application approved 1/7/09, and a letter of conditions from the Public Health Division dated 1/29/09. The maximum seating in and out is 180. Show Cause Hearing: Show Cause Hearing upon confirmation by the Barnstable Police Department that Rumpy’s Beef & Reef, d/b/a The Dockside, 12 School Street, Hyannis, Paul Skudris, Manager, was in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.14, a (3) for failure to operate the premises covered by the license during the period of February 1, 2009 through February 23, 2009 and for the month of January 2009, and for violation of Chapter 501, Section 1.16 a, reducing the hours of operation without prior approval of the local Licensing Authority. Mr. Hoxie read the hearing notice. The licensee did not appear. The landlord’s representative, Deirdre Kyle appeared to advise the Board that they closed 12/31/09. They are actively advertising for a new tenant. Ms. Ade represented they had never paid for the 2009 license or come to pick it up. They had advised her they would be in but never arrived. They also were considering filing for a seasonal license but did not do so. Mr. Geiler stated the Board could vote today to revoke the license for non-payment. He suggested that any time you have a failure to pay the fee that license is not in effect but remains out there until the Board votes to revoke it, because it was renewed in November of 2008. Ms. Kyle advised that they were in lease negotiations with them but those negotiations fell through. Mr. Burman proposed a finding that the license holder was in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.14, a (3) for failure to operate the premises covered by the license during the period of February 1, 2009 through February 23, 2009 and for the month of January 2009, and for violation of Chapter 501, Section 1.16A, reducing the hours of operation without prior approval of the local Licensing Authority, and that they never paid the requisite fee or picked up their license for 2009.

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Mr. Hoxie seconded the motion and there was a unanimous vote of guilty on those findings. A revocation of the Annual Common Victualler All Alcohol License was duly proposed by Mr. Burman and seconded by Mr. Hoxie. A unanimous vote was taken to revoke the license. Show Cause Hearing: Show Cause Hearing upon confirmation by the Barnstable Police Department that Phu Bros., Inc., d/b/a Hannah’s Fusion Bar & Bistro, 615 Main Street, Hyannis, MA, Binh Phu, Manager, was in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.14, a (3) for failure to operate the premises covered by the license during the period of February 1, 2009 through February 23, 2009, and for violation of Chapter 501, Section 1.16A, reducing the hours of operation without prior approval of the local Licensing Authority. Binh Phu appeared to advise that he has closed the restaurant (2/19/09) due to financial conditions. He verified that he was closed during the times alleged. He has filed personal bankruptcy. They are looking to sell. There is an applicant for a license transfer. Their fees are current. Mr. Phu stated he did come in to the town right away stating they are closed at present. And the new hearing will be on April 13, 2009. Mr. Phu asked us to continue this hearing until that next hearing. Mr. Burman asked if the applicant is aware of a sanction on this license. He said they are not aware of that but would make them aware. Mr. Hoxie stated the hearing is continued to April 13, 2009. Show Cause Hearing: Show Cause Hearing upon confirmation by the Barnstable Police Department that Ristorante Barolo, 297 North Street, Hyannis, MA, Ann Marie Wallace, Manager, was is in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.14, a (3) for failure to operate the premises covered by the license during the period of February 1, 2009 through February 23, 2009, and a significant portion of the month of January 2009 and for violation of Chapter 501, Section 1.16A, reducing the hours of operation without prior approval of the local Licensing Authority. Deirdre Kyle again appeared for this hearing representing the owner of the property and Landlord. The licensee did not appear. She indicated that Barolo Corporation filed for bankruptcy and vacated in December. They are marketing the building at present – they have no signed lease as yet. Mr. Burman proposed findings that Ristorante Barolo, 297 North Street, Hyannis, MA, Ann Marie Wallace, Manager, violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.14, a (3) for failure to operate the premises covered by the license during the period of February 1, 2009 through February 23, 2009, and a significant portion of the month of January 2009 and for violation of Chapter 501, Section 1.16A, reducing the hours of operation without prior

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approval of the local Licensing Authority. The motion was seconded by Mr. Hoxie and it was unanimously voted to revoke the license Show Cause Hearing: Show Cause Hearing upon confirmation by the Barnstable Police Department that RooBar, Inc., d/b/a RooBar, 586 Main Street, Hyannis, MA, was in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.16 a, failure to operate the licensed premises for a substantial number of hours on all days authorized by the Licensing Authority during the period of January 1, 2009 through February 23, 2009. Narinder Thind appeared for RooBar. He responded that they closed Monday, Tuesday and Wednesday as they did not have the business – nobody wanted to work either for no tips. They were open Thursday to Sunday. He apologized but stated the business was very slow. He now stated it will not happen again, and that they will now be open 7 days per week. Mr. Geiler stated he has an annual all alcohol license for 7 days per week – he asked what they were currently doing, and Mr. Thind stated they were closed 3 days and will now be open 4 pm to 1 am. Mr. Geiler stated if they were going to substantially change the license hours they need to advise the Licensing Authority to request the new hours. He suggested Mr. Thind read the rules and regulations carefully - an annual license vs. a seasonal license. His license is granted from 8 am to 1 am. Mr. Thind stated he will go back to 8 – 1. Mr. Geiler asked why he did not notify the Licensing Authority. Mr. Thind stated he did not know he had to. Mr. Geiler stated he needed to follow the rules and regulations. A motion was duly made by Mr. Burman to continue the hearing to April 13, 2009 to vote on the decision for this hearing. It was seconded by Mr. Hoxie and a unanimous vote taken to continue this hearing to 4/13/09. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Seasonal Common Victualler All Alcohol: The Black Cat Fresh Ketch Gringo’s Harbor Point Restaurant Hyannis Harbor Hotel Keeper’s Kian n Rylee’s Pub & Patio La Paz Surf Cantina Mattakeese Wharf Restaurant

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The Paddock Raw Bar on Ocean Street Spanky’s Clam Shack & Saloon Trader Ed’s A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above applications for Seasonal Common Victualler All Alcohol Licenses. Seasonal Common Victualler Wine & Malt: Cooke’s Cape Cod Melody Tent A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal applications for Seasonal Common Victualler Wine & Malt Licenses. Seasonal Innholder All Alcohol: Hyannis Inn Motor Hotel A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal applications for a Seasonal Innholder All Alcohol License. Seasonal Club All Alcohol: Baxter’s Boathouse Club The Beach Club Cotuit Highground Golf Club A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal applications for Seasonal Club All Alcohol Licenses. Seasonal Daily Live Entertainment: Baxter’s Boathouse Club The Beach Club Fresh Ketch Harbor Point Restaurant Hyannis Harbor Hotel La Paz Surf Cantina Mattakeese Wharf The Paddock

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Raw Bar on Ocean Street Spanky’s Clam Shack & Saloon The Black Cat Trader Ed’s A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal applications for Seasonal Daily Live Entertainment. Seasonal Daily Non-Live Entertainment: Fresh Ketch Gringo’s Hyannis Harbor Hotel Hyannis Inn Motor Hotel La Paz Surf Cantina Raw Bar on Ocean Street A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal applications for Seasonal Daily Non-Live Entertainment Licenses. Seasonal Video Games/Coin-Op Machines: Hyannis Inn Motor Hotel A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal application for a Seasonal Video Games/Coin-Op Machines License. Seasonal Sunday Entertainment: Baxter’s Boathouse Club The Beach Club The Black Cat Cape Cod Melody Tent Fresh Ketch Gringo’s Harbor Point Restaurant Hyannis Harbor Hotel Hyannis Inn Motor Hotel La Paz Surf Cantina Mattakeese Wharf The Paddock Raw Bar on Ocean Street Spanky’s Clam Shack & Saloon

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Trader Ed’s A motion was duly made by Gene Burman, seconded by Martin Hoxie and a unanimous vote taken to approve the above renewal applications for Seasonal Sunday Entertainment Licenses. Business Meeting: Discussion on sanction changes. This will be continued until Mr. Sullivan is present on 4/13/09. Mr. Geiler stated the application on Philbrick’s had come up – the Town Manager submitted a letter in agreement with the Recreation Director that they do not have possession of the golf course property and the application should not be granted. The applicant could fight this or withdraw. It is scheduled for the 13th of April. Adjourned at 10:45 am. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Martin Hoxie, Chairman Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HESVK2Y1\04-13-09 minutes.DOC


Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. April 13, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, April 13, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services and Licensing Agent; Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department; and Christine Ade, Recording Secretary. Hearings: One Day Entertainment and Sunday Entertainment Licenses: Application of Linda Mawhinney on behalf of Cape Symphony Orchestra, 712A Main Street, Yarmouth Port, MA for 10 One Day Entertainment licenses and 8 Sunday Entertainment Licenses for performances by on the following dates and times at Barnstable High School, 744 West Main Street, Hyannis: Saturdays Sundays May 30, 2009 8 pm September 27, 2009 3 pm September 26, 2009 8 pm October 11, 2009 3 pm October 10, 2009 8 pm November 8, 2009 3 pm November 7, 2009 8 pm December 6, 2009 3 pm December 5, 2009 3 pm & 8 pm January 24, 2010 3 pm January 23, 2010 8 pm February 14, 2010 3 pm February 13, 2010 8 pm April 11, 2010 3 pm April 10, 2010 8 pm May 2, 2010 3 pm May 1, 2010 8 pm and Friday, December 4, 2009 at 8 pm. Lisa Sheehy appeared for her application. Mr. Sullivan asked about prices – and was advised the prices have not gone up this season. Mr. Sullivan wanted it on the record that it is great.




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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Linda Mawhinney on behalf of Cape Symphony Orchestra, 712A Main Street, Yarmouth Port, MA for 10 One Day Entertainment licenses and 8 Sunday Entertainment Licenses for performances by on the following dates and times at Barnstable High School, 744 West Main Street, Hyannis: Saturdays Sundays May 30, 2009 8 pm September 27, 2009 3 pm September 26, 2009 8 pm October 11, 2009 3 pm October 10, 2009 8 pm November 8, 2009 3 pm November 7, 2009 8 pm December 6, 2009 3 pm December 5, 2009 3 pm & 8 pm January 24, 2010 3 pm January 23, 2010 8 pm February 14, 2010 3 pm February 13, 2010 8 pm April 11, 2010 3 pm April 10, 2010 8 pm May 2, 2010 3 pm May 1, 2010 8 pm and Friday, December 4, 2009 at 8 pm. One Day Beer & Wine License: Application of Beth Marcus on behalf of Cape Cod Beer, 1336 Phinney’s Lane, Hyannis & Edible Cape Cod for a One Day Beer & Wine License for a Business After Hours event with Cape Cod Beer and wine from Truro Vineyards to be held on May 20, 2009 from 5:30 pm to 7:30 pm. Beth Marcus appeared for her application. This is a two hour event at their facility. She owns Cape Cod Beer; they will serve the beer and Truro Vineyards will be serving the wine. It is free to members but a charge to others. They have a Farmer/Brewer’s License. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Beth Marcus on behalf of Cape Cod Beer, 1336 Phinney’s Lane, Hyannis & Edible Cape Cod for a One Day Beer & Wine License for a Business After Hours event with Cape Cod Beer and wine from Truro Vineyards to be held on May 20, 2009 from 5:30 pm to 7:30 pm. One Day Beer and Wine and One Day Entertainment License: Application of Elizabeth Butler on behalf of Centerville Public Library, 585 Main Street, Centerville, for a One Day Beer & Wine License and a One Day Entertainment License for a fundraising event to be held on May 16, 2009 from 4:30 pm to 7:30 pm at the library with a wine tasting by Cape Cod Package Store, a beer tasting by Cape Cod Brewery and entertainment by the John Dirac and Clayton March Duo. Mrs. Butler appeared for this application. She is the Director at the library. There will be a live and silent auction as well. It is set up as a bar situation – they do small

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pourings and they also have food provided by local restaurants and some of their Trustees. Wine to be served by Cape Cod Package Store and beer by Beth Marcus at Cape Cod Beer – they have experience at the serving. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Elizabeth Butler on behalf of Centerville Public Library, 585 Main Street, Centerville, for a One Day Beer & Wine License and a One Day Entertainment License for a fundraising event to be held on May 16, 2009 from 4:30 pm to 7:30 pm at the library with a wine tasting by Cape Cod Package Store, a beer tasting by Cape Cod Brewery and entertainment by the John Dirac and Clayton March Duo. 3 One Day All Alcohol, 2 Entertainment and One Sunday Entertainment License: Application of Constantine Constas on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, for 3 One Day All Alcohol Licenses, 2 One Day Entertainment Licenses and a Sunday Entertainment License for a fundraising event to be held at the church on July 17, 2009 from 4 pm to 11 pm, July 18, 2009 from 11 am to midnight and July 19, 2009 from 11 6 pm (alcohol on Sunday to be offered after 12 noon). A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Constantine Constas on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, for 3 One Day All Alcohol Licenses, 2 One Day Entertainment Licenses and a Sunday Entertainment License for a fundraising event to be held at the church on July 17, 2009 from 4 pm to 11 pm, July 18, 2009 from 11 am to midnight and July 19, 2009 from 11 6 pm (alcohol on Sunday to be offered after 12 noon) to our 05/04/09 Licensing Authority Hearing. Two One Day Entertainment Licenses: Application of Peggy and Douglas Warren on behalf of Four Seas Ice Cream, 360 South Main Street, Centerville, MA for 2 One Day Entertainment licenses for their 75th Anniversary and for the Randall Mark Warren Scholarship Fund on June 18, 2009 from 6 pm to 8 pm and June 20, 2009 also for 2 hours. Peggy Warren appeared for the application. She asked for their 75th anniversary event to have a band for their scholarship fund. Volunteer bands will be providing the entertainment. The second date does not have the hours in stone yet – but will be two hours in duration. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Peggy and Douglas Warren on behalf of Four Seas Ice Cream, 360 South Main Street, Centerville, MA for 2 One Day Entertainment licenses for their 75th Anniversary and for the Randall Mark Warren Scholarship Fund on June 18, 2009 from 6 pm to 8 pm and June 20, 2009 also for 2 hours.

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One Day All Alcohol and One Day Entertainment Licenses: Application of Michael Brooks on behalf of Cape Cod Synagogue, 145 Winter Street, Hyannis, for a One Day All Alcohol License and One Day Entertainment for a fundraising event to be held at the synagogue on May 9, 2009 from 7 pm to midnight. Mr. Brooks appeared for his application. This is their annual raffle party. They have had this for 11-12 years now. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Michael Brooks on behalf of Cape Cod Synagogue, 145 Winter Street, Hyannis, for a One Day All Alcohol License and One Day Entertainment for a fundraising event to be held at the synagogue on May 9, 2009 from 7 pm to midnight. One Day Beer & Wine License: Application of Carol A. Williams on behalf of Cape Cod Community College, 2240 Iyannough Road, West Barnstable, for a One Day Beer & Wine License for a fundraising event for the Zammer Institute of Hospitality to be held at the college in the Upper Commons, Grossman Building on May 6, 2009 from 5 pm to 9 pm. Carol Williams appeared for this application. This is a yearly fundraising event. All alcohol will be under lock and key and served only by people from the Zammer Institute. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Carol A. Williams on behalf of Cape Cod Community College, 2240 Iyannough Road, West Barnstable, for a One Day Beer & Wine License for a fundraising event for the Zammer Institute of Hospitality to be held at the college in the Upper Commons, Grossman Building on May 6, 2009 from 5 pm to 9 pm. New Common Victualler License: Application of Fernando de Almeida Fonseca, d/b/a Maria Preta Café, 425 Iyannough Road, Hyannis, MA, Francisco de Almeida Fonseca, Manager, for a new Common Victualler License, the hours of operation to be 7 am to 5 pm, with a total of 49 seats including 4 at a counter. Mr. Fonseca came forward for the application. He is opening the business at the former Gold’s. He will have a bakery in front. He will be open for breakfast and lunch for Brazilian and American food. He is now asking to stay open at the request of the plaza people until 9 pm. He plans to open May 1st if all goes well. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Fernando de Almeida Fonseca, d/b/a Maria Preta Café, 425 Iyannough Road, Hyannis, MA, Francisco de Almeida Fonseca, Manager, for a new Common Victualler License, the hours of operation to be 7 am to 9 pm, with a total of 49 seats including 4 at a counter.

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Transfer of Annual All Alcohol Package Store License: Application of Cotuit Grocery Co., Inc., All Alcohol Package Store License, 737 Main Street, Cotuit, MA, Steven Gould, Manager for transfer to Cotuit Fresh Market, LLC, Raffe Yagjian, Manager, the hours of operation to 7 am to 7 pm, with alcohol sold from 8 am to 7 pm Monday through Saturday and noon to 7 pm Sundays. Mr. Gould, the present owner came forward with the proposed new manager and requested this be continued to May 4, 2009. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Cotuit Grocery Co., Inc., All Alcohol Package Store License, 737 Main Street, Cotuit, MA, Steven Gould, Manager for transfer to Cotuit Fresh Market, LLC, Raffe Yagjian, Manager, the hours of operation to 7 am to 7 pm, with alcohol sold from 8 am to 7 pm Monday through Saturday and noon to 7 pm Sundays. Alteration of Premises: Application of Country Club Elite, Inc., d/b/a Philbrick’s, 1480 Route 149, Marstons Mills, MA, Ian Philbrick, Manager, to alter the premises description to include: “and 18 holes on golf course.” Continued from 3/16/09. No-one appeared for the application. Mr. Hoxie asked if anyone had contacted us regarding the application. Ms. Ade indicated despite sending the manager a letter, there has been no contact from him. Mr. Hoxie asked that the application be denied, but checked first with Mr. Geiler for his comments. Mr. Geiler agreed it could be denied at this point. I f they want to reapply later they can do so. The application of Country Club Elite, Inc., d/b/a Philbrick’s, 1480 Route 149, Marstons Mills, MA, Ian Philbrick, Manager, to alter the premises description to include: “and 18 holes on golf course” was unanimously denied. Transfer of All Alcohol Common Victualler License and New Non-Live and Video Game Licenses: Application of Phu Bros., Inc., d/b/a Hannah’s Fusion Bar and Bistro, 615 Main Street, Units 13&14, Hyannis, MA, Binh Phu, Manager, for Transfer of its All Alcohol Common Victualler License to Seaside Pub on Main, LLC, Uy G. Phu, Manager, and for a new Non-Live Entertainment License and Video Game License (1 game). Craig Martin appeared for this application. Hannah’s has been closed for a while. Uy Phu has applied for a transfer for the current license with a non-live entertainment license for video games only. They have done extensive renovations to the inside of the restaurant. They are asking for the same license that exists now. They have invested $80,000.00 in these renovations – it looks terrific. Nothing has changed as far as seating capacity. Mr. Hoxie asked about the menu. Mr. Phu stated it will be more of a pub concept – for families. The game is Meltone with trivia and photos, etc. The other machine is a video

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Wii – bowling and dart games all on a screen. He wants a family atmosphere – no live music. There will be radio for background music only. The stereo system will not be loud. It will not be fine dining –he wants it to be more approachable for the people. Mr. Burman stated that this board decided for the license previous that there be NO amplification. Mr. Phu stated it is not amplified – it will be a non-issue as it can be controlled right at the bar. Mr. Burman stated we have a letter from Mr. Forman asking for NO entertainment of any kind so that he will not have issues. Mr. Burman also brought up the suspensions which will run with this license. The attorney does understand there is a suspension issue on this license; his client is running an entirely new restaurant with a new concept. They are asking the Board to waive these suspensions. Mr. Sullivan stated that if this was an application for a new license – the former suspensions should not be appropriate; since it is a transfer of license the suspensions stay because it is a transfer. He believes the suspensions remain with the license. Mr. Hoxie stated at the present time they are unable to operate at all during suspension times. Mr. Hoxie stated it is his opinion they would serve the present suspensions. He then questioned Mr. Phu’s experience and knowledge of the laws and statutes for service of alcohol. Ms. Ade asked if the applicant wanted to request to be open for food only until the ABCC approval; Attorney Martin stated he does not. Bill Cronin appeared for the Hyannis Civic Association and as a resident of the area. He stated there have been 4 restaurants in there in the last 5 years. There is no parking. He is wondering about the games, the hours they will be open and the control of the kids. Mr. Phu stated there are 500 games on Meltone – it is a video game. They will be responsible with alcohol service. Kids cannot be there after certain hours. The other machine is a Wii Nintendo system. They will be open 12 noon to 1 am. Mr. Hoxie advised that because of past violations and because this is a transfer, the Board will treat this in a different way than a new operation. His attorney advised the Board that Mr. Phu has a lot of experience – in Boston, etc. and that the Town will be proud of the place. Mr. Geiler asked for the menu – it was not provided. Mr, Phu stated it will be comfort food like burgers, sandwiches, pizza, chowder – a little for everyone. Lunch 12–4; service for dinner 5-10 and appetizers afterwards until midnight. Mr. Geiler stated from the application it proposes that 70% of sales are from alcohol on the Form 5A. Attorney martin stated he put that in there; Mr. Phu stated he wants to change it to 50%/50%. Mr. Geiler again stated that he wants the menu (Mr. Phu said they have already provided that to Health; now need it for us as well). They are trying to make the restaurant family oriented and affordable. They are emphasizing the food. Answer 22C is also answered “yes” and Mr. Geiler would like a restriction to NON live

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and games only – a restriction as to no live entertainment. They reiterated they are not looking for a live entertainment license. Mr. Hoxie stated as long as the new people are aware that this location will have to remain as basically a restaurant as there will not be live entertainment there we are all on the same page. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Phu Bros., Inc., d/b/a Hannah’s Fusion Bar and Bistro, 615 Main Street, Units 13&14, Hyannis, MA, Binh Phu, Manager, for Transfer of its All Alcohol Common Victualler License to Seaside Pub on Main, LLC, Uy G. Phu, Manager, and for a new Non-Live Entertainment License and Video Game License (2 machines), no amplification and no live entertainment and the understanding that the suspension running with the license be served, the operation being for the hours of noon to 1 am. Amendment to Rules and Regulations of the Licensing Authority Ch 501-15: Public hearing on the Rules and Regulations of the Licensing Authority Ch 501 § 15, Service of Suspension Orders. A copy of the full text may be obtained at the Licensing Office at 200 Main Street, Hyannis, MA and on line at town.barnstable.ma.us under Department Menu/Regulatory Services/Consumer Affairs Division /Licensing Authority/General Information/Proposed Rules and Regulations of the Licensing Authority Amendment to Ch 501 § 15, Service of Suspension Orders. Mr. Hoxie advised that a copy of the proposed changes is on line and was available at the Licensing Office, 200 Main Street. This was advertised and is a public hearing. Mr. Hoxie asked for discussion and/or comments. Mr. Burman asked Attorney Houghton if there are any further comments he’d like to make. Attorney Houghton stated “No, thank you.” Mr. Sullivan stated that this gives the Authority the choice to suspend different areas of the facilities, etc. Attorney Houghton stated, “Yes, thank you.” A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the proposed new Rules and Regulations to the Town Code §501-15 as attached to these minutes. Show Cause Hearing: Show Cause Hearing for Timothy J. Ferreira, d/b/a Mid Cape Metal Recycling, 31 G&H Thornton Drive, Hyannis, at the request of the Barnstable Police Department relative to violations of the restrictions incorporated as part of, and printed on his Junk Dealer’s License to wit: “No unregistered vehicles may be left outdoors on the property, no motor vehicles may be bought or sold under this license, no hazardous materials may be stored except minimal amounts required for normal building cleaning or maintenance, no storage of junk, old metals or scrap metals or secondhand articles outside the building and no storage containers outside of the building on the property except for one trash container. These restrictions must be adhered to even if the activities are allowed under any other permits or licenses you

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may hold.” The alleged violations are as follows: 11/26/08: One unregistered vehicle; three storage containers filled with scrap metal outside on the licensed property; 11/30/08: One storage container filled with scrap metal on the licensed property; 12/2/08: One storage container filled with scrap metal on the licensed property; 12/6/08: Three full containers filled with scrap metal on the licensed property including a vehicle frame in one of them and an unregistered vehicle on a flatbed tow truck on the licensed property; 12/12/09: Two storage containers filled with scrap metal on the licensed property; 12/18/08: Two storage containers filled with scrap metal, scrap metal on the ground and an unregistered vehicle on a flatbed tow truck on the licensed property; 12/23/08: Four storage containers filled with scrap metal on the licensed property; 12/31/08: Four storage containers filled with scrap metal on the licensed property and one unregistered vehicle as well as a Ferreira’s truck parked on the side of the street; 1/12/09: Four storage containers filled with scrap metal on the licensed property and three unregistered vehicles on the licensed property and a Ferreira’s truck parked on the side of the street; 1/19/09: Five storage containers filled with scrap metal, several piles of scrap metal on the ground including water heaters, grease hoods and a refrigerator with a door still attached on the licensed property;1/25/09: Three full containers of scrap metal on the licensed property as well as five unregistered vehicles; 1/31/09: Three full containers of scrap metal on the licensed property and scrap metal on the ground as well as one unregistered vehicle on the licensed property. In addition, there were several containers observed by the Police Department left on the south side of Kids Hill Road on property owned by the Town of Barnstable. On 1/31/09 one container had a marking on it indicating it was owned by Mr. Ferreira. The total violations are: “No unregistered vehicles outside on the property” – 13 counts; “No storage of junk, old metals or scrap metals or secondhand articles outside the building” – 2; “No storage containers outside the building on the property except one trash container - 35 counts; container left on property at Kids Hill Road – 1 count; Ferreira’s truck parked on the side of the street – 2 counts. At the request of the Licensee’s attorney this hearing was continued to April 13th. Attorney Connors, on behalf of Mr. Ferreira, stated he has decided to relinquish his Junk Dealer License and has vacated the premises. The business is non-existent at this time. He has no intention of renewing the license. Mr. Ferreira will give back the license at this time. He is not renewing at this time. Mr. Hoxie asked if the charges would then be put on file. Mr. Burman made a motion that the license return be accepted, and the charges be placed on file. The motion was seconded by Mr. Sullivan and a unanimous vote taken to accept the relinquished license and place the charges on file. Show Cause Hearing: Show Cause Hearing upon confirmation by the Barnstable Police Department that Phu Bros., Inc., d/b/a Hannah’s Fusion Bar & Bistro, 615 Main Street, Hyannis, MA, Binh Phu, Manager, was in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.14, a (3) for failure to operate the premises covered by the license during the period of February 1, 2009 through February 23, 2009, and for violation of Chapter 501, Section 1.16A, reducing

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the hours of operation without prior approval of the local Licensing Authority. Continued from 3/30/09. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to file the charges on this offense. Show Cause Hearing: Show Cause Hearing upon confirmation by the Barnstable Police Department that RooBar, Inc., d/b/a RooBar, 586 Main Street, Hyannis, MA, was in violation of the Rules and Regulations of the Licensing Authority and Town Code Chapter 501, section 1.16 a, failure to operate the licensed premises for a substantial number of hours on all days authorized by the Licensing Authority during the period of January 1, 2009 through February 23, 2009. Continued from 3/30/09. Mr. Thind appeared before the Board and again told the Board there was not enough business to remain open. He apologized for closing without permission. He submitted new hours to the Board in a recent letter, which are 11 am to 1 am weekdays and midnight to 1 am Sundays as well as noon to midnight. Mr. Burman proposed findings that the business owner now has understanding of the hours. It was seconded by Mr. Sullivan and a unanimous vote was taken to accept the findings. Mr. Burman then made a motion to file the guilty charge. Mr. Sullivan seconded that and there was a unanimous vote to file the charges. Mr. Geiler stated we are available at any time – please call us with any questions. Mr. Sullivan stated that if they in future want to lessen their hours they should send a letter requesting the same to the Licensing Authority. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Junk Dealers: A.J. Marks Cape Cod Precious Gems & Coins Historical Military Antiques Diamond Perfections A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above Junk Dealer License applications for renewal for the 2009 – 2010 season. Common Victualler

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Ben & Jerry’s McGee’s Ice Cream A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above Common Victualler License applications for renewal for the 2009 – 2010 season. Business Meeting: Lt. Jason spoke regarding the recently held Junk Dealer Seminar for which only 8 people appeared. The ones which did not appear should call the Licensing Authority for the new rules. She also stated there are over 20 businesses operating with no licenses and they are selling secondhand articles – she asked if the Licensing Office could send them letters to apply for and have hearings and get the proper licenses. The Licensing Office will do this once the information is supplied. Adjourned at 10:28 a.m. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority § 501-15. Service of suspension orders.

A. When the Licensing Authority suspends the license of any licensee, it shall provide the licensee with an order of suspension for public display.

B. Suspension orders of the Licensing Authority, as above, shall remain affixed throughout the entire period of suspension. The removal, covering, defacement, or obliteration of the order of suspension or the failure to maintain the order of suspension in the manner and place required prior to the expiration of the suspension period shall be deemed the act of the licensee and shall be cause for further suspension, modification or revocation of the license.

C. Suspension periods may not be used as a time to do renovations at the licensed premises unless such renovations have previously been approved by the Licensing Authority.

D. Unless otherwise ordered by the Licensing Authority, no members of the public may be on the licensed premises at any time during the suspension periods and the business may not be open for any reason.

E. If the business is closed by order of the Licensing Authority, the licensee may be on the premises only if it is in

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the process of actively cleaning up or doing office work at the premises. No persons other than the licensee and its employees may be on the premises during the period of closure for any reason.

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Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. May 4, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, May 4, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Lt. JoEllen Jason was absent. Hearings: One Day All Alcohol License: Application of Katherine Pina on behalf of St. Anthony’s Charity Club for a One Day Beer & Wine License for its 76+ annual Feast Day of St. Anthony on June 13, 2009 at 515 Old Mill Road, Osterville, MA from noon to 6 pm. Katherine Pina appeared for her application. There were no questions. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Katherine Pina on behalf of St. Anthony’s Charity Club for a One Day Beer & Wine License for its 76+ annual Feast Day of St. Anthony on June 13, 2009 at 515 Old Mill Road, Osterville, MA from noon to 6 pm. Six One Day Beer & Wine Licenses: Application of Christine Duren on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for 6 One Day Beer & Wine Licenses for the events as follows: Art Exhibit Opening Reception – 5/9/09 5 pm-8 pm Music Performance Stagedoor Canteen Swing Band – 5/16/09 8 pm-11 pm Music Performance Entrain’s Drums for Peace – 5/23/09 8 pm-11 pm Music Performance Zamir Chorale – 5/31/09 6:30 pm-9:30 pm Art Exhibit Opening Reception & Concert – 6/6/09 5 pm-11 pm Music Performance Johnny Hoy & The Bluefish – 6/13/09 8 pm-11 pm




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Ms. Duren appeared for her application. These will all be at Cotuit Center for the Arts. No questions from the Board. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Christine Duren on behalf of Cotuit Center for the Arts, 4404 Falmouth Road, Cotuit, for 6 One Day Beer & Wine Licenses for the events as follows: Art Exhibit Opening Reception – 5/9/09 5 pm-8 pm Music Performance Stagedoor Canteen Swing Band – 5/16/09 8 pm-11 pm Music Performance Entrain’s Drums for Peace – 5/23/09 8 pm-11 pm Music Performance Zamir Chorale – 5/31/09 6:30 pm-9:30 pm Art Exhibit Opening Reception & Concert – 6/6/09 5 pm-11 pm Music Performance Johnny Hoy & The Bluefish – 6/13/09 8 pm-11 pm 3 One Day All Alcohol, 2 Entertainment an One Sunday Entertainment License: Application of Constantine Constas on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, for 3 One Day All Alcohol Licenses, 2 One Day Entertainment Licenses and a Sunday Entertainment License for a fundraising event to be held at the church on July 17, 2009 from 4 pm to 11 pm, July 18, 2009 from 11 am to midnight and July 19, 2009 from 11 am to 6 pm (alcohol on Sunday to be offered after 12 noon). Cont’d from 4/13/09. Mr. Constas appeared for his application. This is the 27th year for this event. There have been no problems. No-one had any questions. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Constantine Constas on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, for 3 One Day All Alcohol Licenses, 2 One Day Entertainment Licenses and a Sunday Entertainment License for a fundraising event to be held at the church on July 17, 2009 from 4 pm to 11 pm, July 18, 2009 from 11 am to midnight and July 19, 2009 from 11 am to 6 pm (alcohol on Sunday to be offered after 12 noon). One Day All Alcohol License, One Day Beer & Wine License, One Day Entertainment License: Application of Gail Nightingale on behalf of Osterville Village Library, 43 Wianno Avenue, Osterville, MA, for a One Day All Alcohol License for June 26, 2009 (Annual Auction Preview Party from 4 pm to 11 pm), a One Day Beer & Wine License for June 28, 2009 (Clambake from 4 pm to 10 pm) and a One Day Entertainment License (for the clambake on Sunday – a steel drum group). All will be outside in a tent on the library property. Mrs. Nightingale appeared for her application. This has been helf for 15 years. They have a building permit for their tent. Mr. Hoxie proposed that the fee for the entertainment be waived.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Gail Nightingale on behalf of Osterville Village Library, 43 Wianno Avenue, Osterville, MA, for a One Day All Alcohol License for June 26, 2009 (Annual Auction Preview Party from 4 pm to 11 pm), a One Day Beer & Wine License for June 28, 2009 (Clambake from 4 pm to 10 pm) and a One Day Entertainment License (for the clambake on Sunday – a steel drum group). All will be outside in a tent on the library property and the fee be waived.. One Day and Sunday Entertainment Licenses: Application of Margaret Van Sciver on behalf of Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, MA for a One Day Entertainment license and Sunday Entertainment License for the 24th annual TD BankNorth Pops by the Sea on the Village Green, Main Street, Hyannis on August 1, 2009 from 5 pm to 7 pm and August 2, 2009 from 1 pm to 7 pm. Ms. Van Sciver appeared for her application. She is the President of the Arts Foundation. This is the 24th annual event. They have their permits for the green. Angie Dickinson will be the guest conductor. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Margaret Van Sciver on behalf of Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, MA for a One Day Entertainment license and Sunday Entertainment License for the 24th annual TD BankNorth Pops by the Sea on the Village Green, Main Street, Hyannis on August 1, 2009 from 5 pm to 7 pm and August 2, 2009 from 1 pm to 7 pm. One Day Entertainment License: Application of Jen Hansen on behalf of the Mary French Dance Studio, 1040 S. County Road, Bourne, MA for a One Day Entertainment license for its annual dance recital on May 16, 2009 at the Marstons Mills East Horace Mann Auditorium from 3 pm to 5 pm. Ms. Hansen appeared for her application. They have used this venue in the past. This is their last recital as her mother recently passed away. The Board had no questions. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Jen Hansen on behalf of the Mary French Dance Studio, 1040 S. County Road, Bourne, MA for a One Day Entertainment license for its annual dance recital on May 16, 2009 at the Marstons Mills East Horace Mann Auditorium from 3 pm to 5 pm. One Day All Alcohol License: Application of Margaret Van Sciver on behalf of Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, MA, for a One Day All Alcohol License for May 31, 2009 for a 2nd Annual Food Festival Reception to be held at Rectrix Aerodrome, 730 Barnstable Road, Hyannis, MA from 3 pm to 6 pm. (Cape Cod Life has the entertainment permit for this event and had been approved for wine and malt; they wanted all alcohol so got a non-profit charitable outfit to obtain the permit on their behalf).

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Ms. Van Sciver appeared for this application. They have applied as a charitable event Cape Cod Life Food Festival with a Taste of Culture. The vendors bringing the alcohol are TIPS certified or certified to serve alcohol and ensure everyone served is over 21. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Margaret Van Sciver on behalf of Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, MA, for a One Day All Alcohol License for May 31, 2009 for a 2nd Annual Food Festival Reception to be held at Rectrix Aerodrome, 730 Barnstable Road, Hyannis, MA from 3 pm to 6 pm. Two One Day Entertainment Licenses: Application of Peggy Warren on behalf of Four Seas Ice Cream, 360 So. Main Street, Centerville, MA for Two One Day Entertainment licenses on June 18th and 20th for its Randall Mark Warren Scholarship fundraiser and 75th Anniversary party which has grown in scope. They now wish to change the hours to five from two and add a different band each hour. Peggy Warren appeared for her application. They were approved recently but needed to add to the times requested as the response has been overwhelming. They do not want to turn anyone away. It will start around noon. The bands will play for an hour each on the Saturday so it may be 6 pm before it finishes. The Thursday will remain 6-8 pm. Mr. Burman commented that Mr. Hoxie remembers the first one. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Peggy Warren on behalf of Four Seas Ice Cream, 360 So. Main Street, Centerville, MA for Two One Day Entertainment licenses on June 18th and 20th for its Randall Mark Warren Scholarship fundraiser and 75th Anniversary party which has grown in scope. The hours will now be 11 am to 6 pm on the 20th. New Junk Dealer License: An application has been made by Hannoush Jewelers, Cape Cod Mall, Hyannis, MA, Mustapha Akkawi, Manager, for a New Junk Dealer’s License. Hours of operation would be 10 am to 9 pm, Monday through Saturday and 12 – 6 Sunday (Mall hours) They opened the Hyannis store in 1997. They are now looking to buy gold from customers. It is a big craze right now to turn in old jewelry. They feel they can do better for their customers than out of the area places. Mr. Burman states that on page two of their lease, the buying of gold is not listed as an approved use. They need something from the Mall amending the lease – the Board has no objection but wants to see the lease amended. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Hannoush Jewelers, Cape Cod Mall, Hyannis, MA, Mustapha Akkawi, Manager, for a New Junk Dealer’s License. Hours of operation would be 10 am to 9 pm, Monday through Saturday and 12 – 6 Sunday

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contingent on amendment to the Lease by the Mall or waiver of the provision restricting the use. Officer Maher suggested he contact him or Sgt. Murphy to meet to discuss the new requirements under Ch. 502 and how this will work for them. Change of Manager: Application of SPSS Enterprises, LLC, d/b/a Asa Grill & Reputation, 415 Main Street, Hyannis, MA, Mollie Lehane, Manager for a Change of Manager on the All Alcohol Common Victualler License to Shane Pacheco. Shane Pacheco, owner, appeared for his application to change Manager. They opened Friday. They are serving lunch & dinner 7 days per week. Mr. Burman advised that the former Manager sent a letter that the insurances were not in place and that this is a concern. Mr. Pacheco advised that the building insurance coverage lapsed but Horgan is rewriting it and it is now in place. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of SPSS Enterprises, LLC, d/b/a Asa Grill & Reputation, 415 Main Street, Hyannis, MA, Mollie Lehane, Manager for a Change of Manager on the All Alcohol Common Victualler License to Shane Pacheco. New Junk Dealer License: Application has been made by Jeffrey Niedbala, d/b/a Spindle City Precious Metals, Fall River, MA, Jeffrey Niedbala, Manager, for a New Junk Dealer’s License for the period May 11 through May 17, 2009 at the Cape Cod Mall, Hyannis. Hours of operation would be 10 am to 9 pm, Monday through Saturday and 12 pm to 6 pm Sunday. Mr. Niedbala is looking to have another event – the first one was very successful. This will be the 3rd event here. They are also looking to have another event later in the year. He has a copy of the new rules and regulations. Officer Maher reiterated that the items have to be retained on the property for a hold there – they will purchase a safe and keep those items there so they will not be co-mingled. Mr. Niedbala asked what he needs to provide – Mr. Hoxie asked for a letter from the Mall specifically stating there is some place permanent they can maintain the items – they are trying to get a permanent spot in the Mall. Mr. Burman wants to see the letter first. Mr. Geiler asked that the letter be sent to the police department – if positive the police department can bring it forward. Mr. Sullivan asked how he plans to do this. They can get a permanent space in the Mall to keep these items in a safe with a security camera right on site as well as the records of transactions here. Mr. Sullivan is not opposed to a special meeting prior to 5/11 either to approve this. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to hold the application of Jeffrey Niedbala, d/b/a Spindle City Precious Metals, Fall River, MA, Jeffrey Niedbala, Manager, for a New Junk Dealer’s License for the period May 11 through May 17, 2009 at the Cape Cod Mall, Hyannis. Hours of operation would be 10 am to 9 pm, Monday through Saturday and 12 pm to 6 pm

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Sunday for a special meeting to be held prior to 5/11/09, if Officer Maher advises they have what is necessary for a contract with the Mall. Transfer of Seasonal All Alcohol Common Victualler License: Application of Buksport, Inc., d/b/a Keepers, 330 West Bay Road. Osterville, MA, Timothy G. Buchanan Manager, for Transfer of its Seasonal All Alcohol Common Victualler License to 4 Our Fathers LLC, d/b/a Islander, Joseph P. Dunn, II, Manager. Gene Burman has a potential conflict of interest on a prior deal with Mr. Dunn but Mr. Hoxie stated that will not conflict with this. Matthew Spillane, Esq. appeared for this application with Mr. Dunn and the prior owner – Mr. Buchanan. There will be no changes to the operation. Mr. Dunn currently manages The Island Merchant on Main Street. He possesses expertise in the business and can handle both. The focus on how many hours he is on the property is not as important as how he manages the license. He has a flow chart of who is in charge when he is not present. The Osterville property hours end at 11 pm. He gave the flow chart to Mr. Hoxie for perusal. Mr. Dunn plans on being present for the closings of each restaurant, regardless that he will have competent managers in each place. He has the TIPS trained all the employees prior to opening and continuing education during season. They have prepared their own training manual in place now for The Island Merchant. Mr. Spillane states it is very comprehensive. Mr. Dunn will comply with all postings and work with the police department checklist. Mr. Hoxie stated that as long as Mr. Dunn understands he is the responsible party no matter who is on duty there should be no problems. Mr. Sullivan asked about the flow chart closing time in Osterville as 10 – it was a typo and should be 11 pm. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Buksport, Inc., d/b/a Keepers, 330 West Bay Road. Osterville, MA, Timothy G. Buchanan Manager, for Transfer of its Seasonal All Alcohol Common Victualler License to 4 Our Fathers LLC, d/b/a Islander, Joseph P. Dunn, II, Manager. Mr. Geiler asked that the training manuals for each restaurant be provided to Licensing. Transfer of Annual All Alcohol Package Store License: Application of Cotuit Grocery Co., Inc., All Alcohol Package Store License, 737 Main Street, Cotuit, MA, Steven Gould, Manager for transfer to Cotuit Fresh Market, LLC, Raffe Yagjian, Manager, the hours of operation to 7 am to 7 pm, with alcohol sold from 8 am to 7 pm Monday through Saturday and noon to 7 pm Sundays. Cont’d from 4/13/09. Mr. Hoxie stated that the application of Cotuit Grocery Co., Inc., All Alcohol Package Store License, 737 Main Street, Cotuit, MA, Steven Gould, Manager for transfer to Cotuit Fresh Market, LLC, Raffe Yagjian, Manager, the hours of operation to 7 am to 7

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pm, with alcohol sold from 8 am to 7 pm Monday through Saturday and noon to 7 pm Sundays has been withdrawn by the owner. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Junk Dealer Licenses: Play It Again Sports Best for Less Gamestop 4225 Cotuit Mercantile Cape Cod Jewelers Guertin Brothers Jewelers Craig Medeiros Newbury Comics A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of the above listed establishments for their Junk Dealer License renewals for 2009-2010. Automatic Amusement: Courtyard Marketplace A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Courtyard Marketplace for its Automatic Amusement License. Carousel: Courtyard Marketplace A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Courtyard Marketplace for its Carousel License. Respectfully submitted, ______________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. May 18, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, May 18, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Paul Sullivan, Clerk, was absent. Hearings: Two One Day Entertainment Licenses: Application of Susan Mendoza Friedman on behalf of Dance Designs, 11 Enterprise Road, Hyannis, MA for 2 One Day Entertainment licenses for a student dance recital at the Barnstable High School Performing Arts Center, 744 W. Main Street, Hyannis on June 19, 2009 from 7 pm to 9 pm and June 20, 2009 from 7 pm to 9 pm. Susan Mendoza Friedman appeared for her application. She has been holding this same recital for ten years. It will be held at BHS Performing Arts Center. It will be children and teens performing. Families get 3 free tickets and after that tickets are $13.00. Ms. Friedman asked the Board if she could “renew” each year. Mr. Hoxie replied it cannot be renewed if it is a special license (one day license). A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Susan Mendoza Friedman on behalf of Dance Designs, 11 Enterprise Road, Hyannis, MA for 2 One Day Entertainment licenses for a student dance recital at the Barnstable High School Performing Arts Center, 744 W. Main Street, Hyannis on June 19, 2009 from 7 pm to 9 pm and June 20, 2009 from 7 pm to 9 pm. Two One Day Beer & Wine Licenses: Application of Marilyn Fuller on behalf of Barnstable Historical Society, 3074 Main Street, Barnstable, MA, for two One Day Beer & Wine Licenses for June 12, 2009 and September 13, 2009 for the 150th Anniversary of the Superior Court of MA from 4 pm to 7 pm, 6/12/09 and its Annual




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Septemberfest fundraiser from 3 pm to 5:30 pm on 9/13/09, both at the Daniel David House outdoors only. Ms. Fuller stated they do have a tent. The celebration is being coordinated by the Historical Society – there will be walking tours and a reception with refreshments, beer and wine. The Septemberfest is an annual event. Marilyn Fuller appeared in her capacity for Barnstable Historical Society. This event will be outdoors only and is an anniversary celebration for the Barnstable Superior Courthouse and Septemberfest. Mr. Hoxie asked if the beer and wine would be served by responsible adults and Ms. Fuller replied it would. A lot of Judges and politicians will be present. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Marilyn Fuller on behalf of Barnstable Historical Society, 3074 Main Street, Barnstable, MA, for two One Day Beer & Wine Licenses for June 12, 2009 and September 13, 2009 for the 150th Anniversary of the Superior Court of MA from 4 pm to 7 pm, 6/12/09 and its Annual Septemberfest fundraiser from 3 pm to 5:30 pm on 9/13/09, both at the Daniel David House outdoors only. One Day Wine and One Day Entertainment Licenses: Application of Ellen Mycock on behalf of Cotuit Library, Main Street, Cotuit for a One Day Wine License and a One Day Entertainment License for June 18, 2009 for a fundraising party with a jazz band and piano player to be held at 144 Pinquicksett Cove Road, Cotuit from 6 pm to 8 pm. Ellen Mycock appeared for this application. This will be the 3rd year at this location with no problems. Ms. Mycock advised that this is low key – about 40 couples. All proceeds will be going to the library. Mr. Hoxie suggested we waive the fees for this application as it is for the library and we have been doing that. Mr. Burman asked if we had the State Safety Certificate; Christine Ade, Licensing Recorder, replied that we do. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Ellen Mycock on behalf of Cotuit Library, Main Street, Cotuit for a One Day Wine License and a One Day Entertainment License for June 18, 2009 for a fundraising party with a jazz band and piano player to be held at 144 Pinquicksett Cove Road, Cotuit from 6 pm to 8 pm and that the fees be waived. One Day Beer & Wine, One Day Entertainment & Sunday Entertainment Licenses: Application of Janet Preston, Director, Cape Cod Maritime Museum, 135 South Street, Hyannis for a One Day All Alcohol License and One Day Entertainment License (a band with dancing) for a Pirates Ball fundraiser in a tent outside the museum on June 12, 2009 from 7 pm to 11 pm; and two One Day Beer & Wine Licenses, a One Day Entertainment License (June 13th) and a Sunday Entertainment License (June 14th) for the Cape Cod Maritime Festival from 10 am to 4 pm each day (various live entertainers and recorded music).

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The kickoff is June 12th – a fundraiser for the museum and is a cash bar with a band and dancing and raffles, etc. The festival starts the next day with various entertainments. They will have experienced servers. Mr. Burman expressed a concern about parking – there is very little there. The Steamship Authority offered them 25 spots; the Red Cross offered spots. Mr. Burman expressed concern about the people crossing the street. She advised that there is also parking at the new kiosks. Mr. Burman said he is not against it, but is against the people crossing the street without police presence at least. She stated there will be a lot of activity on the festival days along the walkway by the sea. She stated they will have two police officers on duty and night security. Mr. Burman stated that alleviates some of his concern. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Janet Preston, Director, Cape Cod Maritime Museum, 135 South Street, Hyannis for a One Day All Alcohol License and One Day Entertainment License (a band with dancing) for a Pirates Ball fundraiser in a tent outside the museum on June 12, 2009 from 7 pm to 11 pm; and two One Day Beer & Wine Licenses, a One Day Entertainment License (June 13th) and a Sunday Entertainment License (June 14th) for the Cape Cod Maritime Festival from 10 am to 4 pm each day (various live entertainers and recorded music) and providing there are some police details to alleviate the risk for the public. Change of Manager: Application of Tommy Doyle’s Hyannis, LLC, d/b/a Tommy Doyle’s Irish Pub & Restaurant, 334 Main Street, Hyannis, MA, Matthew Vazquez, Manager for a Change of Manager on the All Alcohol Common Victualler License to Jason A. Irving. Alan O’Sullivan appeared with Mr. Irving, the new proposed manager. They seek to replace Matt Vazquez. Mr. Irving has worked for Tommy Doyle’s for 4 years. He has worked with the Cambridge Liquor Board, TGIF locations and south shore. He has read the Hyannis Blue Book and is well versed on what he needs to do to manage. Mr. Boy asked if he is still living off Cape? Mr. Irving stated he is down here full time now. Mr. Burman asked when he takes over; Mr. O’Sullivan stated once the approval is received, although he has been working there for some time. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Tommy Doyle’s Hyannis, LLC, d/b/a Tommy Doyle’s Irish Pub & Restaurant, 334 Main Street, Hyannis, MA, Matthew Vazquez, Manager for a Change of Manager on the All Alcohol Common Victualler License to Jason A. Irving. New Seasonal All Alcohol License: Application of Beaches Diner, Inc., d/b/a The Dockside, 110 School Street, Hyannis, MA for a Seasonal All Alcohol Common Victualler License, weekdays and Saturdays 8 am to 1 am, Sundays midnight to 1 am and noon to midnight, Ornel O. Roberts, Manager and Non-Live Entertainment 7 days per week during the hours of operation.

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Attorney Larry Murphy attended the hearing with the applicants as his brother, Doug, who filed the application, is recuperating from knee surgery. He stated that the new applicants have no relationship with prior owners using the same d/b/a. The actual manager on the floor will be Eric White, who worked at Tugboats for many years. Mr. Roberts and Mr. Gray appeared as well; Mr. Roberts is a U.S. citizen, Mr. Gray is not. Mr. Roberts worked at H&K and BBC as a chef; Mr. Gray at BBC, Yarmouth House and Moonakis Café in Falmouth as a chef. Mr. Hoxie asked if the emphasis is on food? Attorney Murphy stated it will be. They will serve breakfast through dinner. Mr. Murphy stated there will be no outside music or music emanating from the premises and it will be all non-live. Mr. Burman asked why Mr. White was not being put on the license as manager of record. The answer was that he is not an owner of the business. Officer Maher stated he has no qualms for Mr. White being floor manager, but does have a problem as he is not manager of record. Attorney Murphy stated Mr. Roberts IS familiar with the operations of liquor establishments and any violation would affect him more than just an employee as he is an owner. He will have the benefit of Mr. White assisting him. He will take the courses necessary to be TIPS certified. Both owners are licensed chefs. Mr. Roberts will be in the kitchen more than on the floor. Mr. Hoxie asked if he is aware he will be responsible for the alcohol service? Attorney Murphy stated he understands thisd responsibility. Allen Goddard came forward as the direct abutter. He has gotten along well with the prior applicants and has asked that there be no dumpster service before 7 am; timely pickup to avoid odors especially in the hot weather and non-live entertainment kept within the premises inside, and oversight of the lot as patrons disperse. He had two problems with the prior owners – music volume crept up and no-one answered the phone when he called to request they turn th4e volume down. He also was woken up by motorcycles owned by employees leaving after work. He asked that the new owners please not have those type of vehicles and loud car music and shouting disturbing the neighborhood. Things have been mostly fine since 1994 and he wished the new people luck. Attorney Murphy stated they will make note of all the concerns raised by Mr. Goddard. Mr. Burman asked if the premises are air-conditioned; the response was that it is not. Mr. Burman stated they will need to be more aware than usual with open windows that the music stay low and not disturb the neighbors and that the sound caries over the water as well as next door. Mr. Burman asked about the lease; Christine Ade stated a lease amendment was brought in for the license to extend it to 1/15/10 (end of seasonal license period) as that is what it needs to be for a seasonal license. Officer Maher brought up that prior owners have “moved the party” to the upstairs apartment causing problems – Attorney Murphy stated the new owners will not do so. Mr. Geiler asked about the parking lot across School Street; Attorney Murphy stated they are allowed to use it but will use it for the restaurant parking ONLY. Mr. Geiler stated in the past people have tried to use it as a commercial parking lot – and Attorney

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Murphy stated his brother had sent them a letter expressly addressing this issue. It is on file with their application. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Beaches Diner, Inc., d/b/a The Dockside, 110 School Street, Hyannis, MA for a Seasonal All Alcohol Common Victualler License, weekdays and Saturdays 8 am to 1 am, Sundays midnight to 1 am and noon to midnight, Ornel O. Roberts, Manager, and for Daily Non-Live and Sunday entertainment, all non amplified and no outside speakers. Alteration of Premises: Application of Hyannis Property, LLC, d/b/a British Beer Company, 412 Main Street, Hyannis, MA, Jacquelyn McCarthy, Manager, for a change in license description to the following: “4400 sq. ft. ground floor on Main Street, rear entrance/exit to North Street parking lot; 2 handicapped restrooms; full service kitchen; bar seating 15; dining room seating 158; separate vestibule and waiting area (12); employees (12); total interior capacity 217. Outdoor seating on sidewalk with 5 tables and 20 seats. Full cellar for storage and employee restroom.” Attorney Lawler appeared for the application. Gary Simon and Jacquelyn McCarthy from the BBC appeared also. They have the Board of Health approval for the new numbers. They had an architect and engineer come in to rearrange the seating. It has been approved by Tom Perry. They are also adding 5 tables of 4 for 20 outside. The seating inside is changed to accommodate code regulations. Tom Perry is fine with it. In speaking with Mr. Geiler, he stated the outdoor people must be covered under the total occupancy – there is standing thoughout the premises. This should accomplish the purpose of having plenty of room inside if it rains to let the people outside in. They understand that the total will never exceed 217. The BBC over the years has shown a commitment to the Town – it is open 12 months per year and they have a good menu. Mr. Hoxie asked if the Town Manager approval is necessary; Mr. Lawler stated they already have it. Mr. Burman did not see a plan signed by Tom Perry; Christine Ade advised it is in the file but was too big to copy that section; showed it to the Board. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Hyannis Property, LLC, d/b/a British Beer Company, 412 Main Street, Hyannis, MA, Jacquelyn McCarthy, Manager, for a change in license description to the following: “4400 sq. ft. ground floor on Main Street, rear entrance/exit to North Street parking lot; 2 handicapped restrooms; full service kitchen; bar seating 15; dining room seating 158; separate vestibule and waiting area (12); employees (12); total interior capacity 217. Outdoor seating on sidewalk with 5 tables and 20 seats. Full cellar for storage and employee restroom.” New Seasonal Common Victualler License: Application of Canal Fish & Lobster, Inc., d/b/a Osterville Fish Too, 275 Millway, Barnstable, MA, Paul Dean, Manager, for a new Seasonal Common Victualler License, the hours of operation to be 10 am to 9 pm, with 66 seats outdoors.

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Mr. Dean appeared for his application. He has been owner for a few years. They have picnic tables but no table service. They order and pick up their food and eat at the tables. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the application of Canal Fish & Lobster, Inc., d/b/a Osterville Fish Too, 275 Millway, Barnstable, MA, Paul Dean, Manager, for a new Seasonal Common Victualler License, the hours of operation to be 10 am to 9 pm, with 66 seats outdoors. Transfer of Annual All Alcohol Package Store License: Application of Cotuit Grocery Co., Inc., All Alcohol Package Store License, 737 Main Street, Cotuit, MA, Steven Gould, Manager for transfer to Cotuit Fresh Market, LLC, Raffe Yagjian, Manager, the hours of operation to 7 am to 7 pm, with alcohol sold from 8 am to 7 pm Monday through Saturday and noon to 7 pm Sundays. (Needs actual vote to accept withdrawal of application). Mr. Geiler stated this should be added to the formal record on our hearings. The applicant cannot resubmit within a year unless we vote to approve the withdrawal without prejudice. His understanding is that the manager and tenants are attempting to restructure the ownership interests. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the request for withdrawal of the application of Cotuit Grocery Co., Inc., All Alcohol Package Store License, 737 Main Street, Cotuit, MA, Steven Gould, Manager for transfer to Cotuit Fresh Market, LLC, Raffe Yagjian, Manager, the hours of operation to 7 am to 7 pm, with alcohol sold from 8 am to 7 pm Monday through Saturday and noon to 7 pm Sundays without prejudice. Request to abolish/change dates of inherited suspensions: Application of Seaside Pub on Main, 615 Main Street, Uy G. Phu, Manager, for the Board to abolish, reduce or change the dates of suspensions inherited from the prior owner of the restaurant, Hannah’s Fusion Bar & Bistro. Uy Phu came forward for his request to amend the suspensions for Hannah’s. As a new restaurateur he does understand as a transfer license does come with two suspensions; he is asking that we postpone the penalties so they can establish the restaurant within the community. They will conduct monthly meetings to ensure the rules and regulations are followed. They respectfully request alternate dates. Mr. Hoxie stated the punitive action is 4 days in May, 3 in July. Mr. Phu stated these are peak times – weekends. Mr. Hoxie asked him if he realized these were serious violations. Mr. Phu stated ALL employees are TIPS trained. This is NOT a family business – a new corporation and new concept. Binh Phu from Hannah’s is not involved in this corporation. Mr. Boy asked why they did not apply for a new license; he stated their attorney had recommended a transferred license and they took his advice. Mr. Phu stated it will be difficult to have to close so soon after opening. Mr. Boy stated it

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defeats the penalties imposed by this Board to suspend the penalties. If we do this it might set a precedent. Mr. Phu stated they will serve the penalties, but he is asking for new dates in order to build a rapport with the community before having to close up for a few days. Mr. Hoxie stated our policy has been suspension a year to date of the violation. He stated that could negate the old policy. Mr. Boy stated that extensive investigation and work went into the establishment of the suspensions in the first place. Mr. Burman stated that 3 weeks ago Mr. Phu was here; both he and Mr. Hoxie asked them why they did not want to apply for the new license with no sanctions. He stated the Board expected it to be a hardship. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to deny the application of Seaside Pub on Main, 615 Main Street, Uy G. Phu, Manager, for the Board to abolish, reduce or change the dates of suspensions inherited from the prior owner of the restaurant, Hannah’s Fusion Bar & Bistro. Show Cause Hearing: Show Cause hearing will be held at the request of the Barnstable Police Department for RCSJ Group, Inc., d/b/a Fresh Ketch, 460 Main Street, Hyannis, Raymond C. Roy, Manager, for violation of the Town of Barnstable Code Chapter 501-8 to wit: “It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times.” The Police Department will provide testimony as to May 24, 2008, June 1, 2008, July 5, 2008 and August 22, 2008. A violation was also reported for October 9, 2008 with regard to Town of Barnstable Code Chapter 501-10B to wit: “No entertainment at the licensed premises may be conducted in such a manner that the noise from the entertainment can be heard outside the boundaries of the premises.” Continued from 12/8/08. Raymond Roy (father) and Steven Roy appeared for this hearing. Mr. Hoxie asked what the status was. Officer Maher stated that the testimony at the last hearing was that if there were no further violations this hearing would be dismissed. Mr. Roy stated they will continue with karaoke but will only offer acoustic bands. No more percussion bands, etc. They have also done renovations wherein they have their own sound system where THEY can control the volume. Their building is air-conditioned so the music will not emanate outside. They have spoken with their abutters and neighbors to make sure they are happy with the changes. Officer Maher stated they have been closed all winter, so he believes we should have a finding and continue any action until after season. Mr. Eaton from Hyannis Inn Motel came in. He had a conversation with Mr. Roy, who informed him there will be no more reggae or rock bands. He stated he is very happy and satisfied with this change. He then requested the license # for entertainers be lowered to 1-2 and this will alleviate all the problems. Mr. Roy stated he wants to keep it to 5 in case of a wedding – the stated we have his word that they will not have rock and reggae in the future. He would agree to continue the suspension penalty and asks that if there is a noise violation he be notified immediately so he can address the Board at that time.

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Mr. Eaton is agreeable to the suspension continuation to the end of the summer. He is concerned that the BPD may not respond quickly to a noise complaint depending on how busy the police department is on that night. Mr. Roy stated he does not want an issue that he is not notified for over a month that there was a violation. He wants notification within 30 days. Lt. Jason stated they will do their best and if she or Officer Maher are on duty they will tell them right away. Lt. Jason stated they cannot because of time review the log each day but will do their best to notify him if there is a problem. Mr. Roy stated several times there were items in the police log they knew nothing about. Mr. Geiler stated there is no way the Town can guarantee notification of everything in the police log; however, if there is a police investigation, they would be informed. To suggest that he be notified, whether there or not, is an unreasonable request. Mr. Burman asked about weddings – how much prior to the event itself? Mr. Burman stated we could issue the license for 1-2 entertainers and then have him come in for a special permit for 5 for the weddings. Mr. Roy stated he might also want to do jazz; a bachelor party, rehearsal dinner, etc. where he would need the 5. He plans not to have the type of entertainment that was a problem in the past. Mr. Roy said he has never had any complaints from any other neighbors – just Mr. Eaton, with whom he is trying very hard to work with. In order to stay open they have to be competitive. He will work hard with Mr. Eaton. He will not have any live reggae or rock bands this year. Officer Maher suggested we leave the license at 5 but that he notify the BPD ahead of time when it will be 5. Pufferbellies notify the BPD for larger events. Officer Maher requested an email for events over 3 entertainers. Mr. Boy stated Mr. Eaton has most of the population in the area and that is why he is the one complaining. Mr. Geiler stated it is important to remember it is not complaints that create the violations – the applicants create the violations. The license comes with a regulation that the noise be CONTAINED on the property. He stated people are reluctant to complain. He is not sure they are looking at the situation that all establishments are created equal. The ones with more are generally bigger and better able to contain the sound. He said their location is more difficult to contain the noise. The license was given with a caution – and he had responded that he would comply. Mr. Roy stated again that they now have their OWN music system that allows them to themselves control the volume. Mr. Eaton stated it is fine with him to keep the 5 pieces and if he agrees to not have rock or reggae that are very loud - he will be very happy.

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Mr. Burman stated Mr. Roy now has a new friend. Mr. Hoxie stated he would like to just continue the whole show cause hearing until after the season – until 9/21 or 10/5/09. A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to continue the hearing as is until 9/21/09. Mr. Roy thanked the Board. Mr. Hoxie thanked Mr. Eaton. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Common Victualler: Keyes/Sea Street Beach CBA Snack Bar Efrain – Veteran’s Beach Kalmus Beach A Motion was duly made by Gene Burman and seconded by Dick Boy and a unanimous Vote taken to approve the above Common Victualler License renewals for the 2009-1010 season. Junk Dealer Licenses: Spinnaker Records Trade Secret Antiques A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the applications of the above listed establishments for their Junk Dealer License renewals for 2009-2010. For the record, Spindle City did not come back for their request so their license was not granted. Daily Live Entertainment Cape Cod Melody Tent Mr. Burman stated the Melody Tent notified us of their full list of shows. He is concerned about the adult content of the show of Lisa Campanelli due to web content. He is reluctant to approve this show. They did not notify us of the adult comedy.

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Mr. Boy asked if we approve and just ask for further information on this one show. Mr. Hoxie does not want to cause them any concern about starting their season. Mr. Hoxie stated we have three weeks to look at everything and thinks we can request additional information from them on this one. Officer Maher stated this is a comedian popular with the under 35 crowd. Mr. Geiler stated it is not in content against zoning issues. If it is too noisy and the neighborhood is forced to listen to it that is when it becomes an issue. He stated the tent management is well aware of the noise problems here. Mr. Burman suggested a clause be put in the contract that each entertainer comply with the Town noise regulations. Mr. Geiler stated we had no noise violations last year. A motion was duly made by Dick Boy, seconded by Gene Burman and a unanimous vote taken to approve the application of Cape Cod Melody Tent for its Daily Live Entertainment License renewal for 2009-2010 with the attached list of entertainers. Sunday Entertainment Cape Cod Melody Tent A motion was duly made by Dick Boy, seconded by Gene Burman and a unanimous vote taken to approve the application of Cape Cod Melody Tent for its Sunday Entertainment License renewal for 2009-2010 with the attached list of entertainers. Business Meeting: Confirmation of attendees for the 6/2 MLC Meeting – Mr. Geiler and Mr. Boy. Adjourned at 11:00. Respectfully submitted, ___________________________________ ________________________________ Christine P. Ade, Recorder Martin Hoxie, Chairman Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. June 8, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, June 8, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day All Alcohol License: Application of Rebecca Richardson on behalf of Rotary Club of Osterville, P.O. Box 705, Osterville, for a One Day All Alcohol License outside in the Wianno Yacht Club yard at 101 Bridge Street, Osterville, from 4 pm to 10 pm on July 11, 2009 for its 15th annual Bluefish/Striped Bass Tournament. Rebecca Richardson appeared for her application. This is their annual event. It ends at the Wianno Yacht Club. Cardoza Wine & Spirits (store used for five years – located in Wareham) will run the bar from 4 pm to 9 pm. All monies go into their good works fund. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Rebecca Richardson on behalf of Rotary Club of Osterville, P.O. Box 705, Osterville, for a One Day All Alcohol License outside in the Wianno Yacht Club yard at 101 Bridge Street, Osterville, from 4 pm to 10 pm on July 11, 2009 for its 15th annual Bluefish/Striped Bass Tournament with the understanding all alcohol must be purchased from a licensed alcohol dispenser. Two One Day All Alcohol Licenses: Application of Olive Chase, Casual Gourmet, on behalf of Save Our Sound Alliance to Protect Nantucket Sound, 4 Barnstable Road, Hyannis, for two One Day All Alcohol Licenses, the first to be held on June 27, 2009 from 4 pm to 7 pm at Nauticus Marina, 339 West Bay Road, Osterville, MA and the second to be held on July 16, 2009 from 6 pm to 8 pm at a private home at 23 Atlantic Avenue, Hyannis Port, MA, both in a tent outdoors at each premises.




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Olive Chase appeared for the applications. Both events are outside only. The first is about 150, second about 60 guests. The alcohol will be purchased from authorized distributors. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Olive Chase, Casual Gourmet, on behalf of Save Our Sound Alliance to Protect Nantucket Sound, 4 Barnstable Road, Hyannis, for two One Day All Alcohol Licenses, the first to be held on June 27, 2009 from 4 pm to 7 pm at Nauticus Marina, 339 West Bay Road, Osterville, MA and the second to be held on July 16, 2009 from 6 pm to 8 pm at a private home at 23 Atlantic Avenue, Hyannis Port, MA, both in a tent outdoors at each premises subject to the purchase of alcohol from licensed dealers. One Day All Alcohol and One Day Entertainment Licenses: Application of Jim McGillen, Oysterville Yacht Club on behalf of the Cam Neely Cancer Fund for a One Day All Alcohol for July 20, 2009 6 pm to 11 pm at Oyster Harbors Marine Little Island Facility and a and One Day Entertainment License from 7:30 pm to 11 pm with 7 entertainers. Capacity to be determined by the Building Dept. and Dire Dept. Mr. McGillen requested through the Licensing Office that this hearing be continued to 6/22/09. Mr. Hoxie announced the request from Mr. McGillen to continue the above hearing to our next regularly scheduled Licensing hearing. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Jim McGillen, Oysterville Yacht Club on behalf of the Cam Neely Cancer Fund for a One Day All Alcohol for July 20, 2009 6 pm to 11 pm at Oyster Harbors Marine Little Island Facility and a and One Day Entertainment License from 7:30 pm to 11 pm with 7 entertainers. Capacity to be determined by the Building Dept. and Dire Dept. to its regularly scheduled hearing on 6/22/09. Request for Outdoor Entertainment Thursday Nights: Request of Smilin’ Jack’s Restaurant Corp., d/b/a La Paz Surf Cantina, 573B Main Street, Hyannis, John Downes, Manager, for permission to amend its Daily Live Entertainment License to allow outside entertainment on their front patio Thursday nights during the summer season from 6 pm to 10 pm, in conjunction with the Hyannis BID Thursday evening events. Mr. Downes appeared for his request for the summer season to have music in conjunction with Hyannis BID. He was told by the BID, Scott LaJoie, that he could offer entertainment outside under THEIR permit. He is here only to request the Board’s permission. Others have had entertainers outside on Thursday and next to them in a common area. They are requesting this only for the one night a week. Mr. Hoxie asked if there would be any amplification; Mr. Downes said there would be the one microphone. Mr. Burman read that their current license reads no outside entertainment. Mr. Hoxie stated they are requesting only one person outside on the Thursdays. Mr. Sullivan asked about the others doing it on Thursdays outside – Mr. Downes stated yes,

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they are outside entertaining. Mr. Sullivan stated that what we do for one we need to do for others. Mr. Hoxie asked about this street permit for Thursdays for entertainment for street performers. Mr. Downes stated there are always 1-3 pieces of entertainment, a magician next to them and one diagonally across from them. Mr. Sullivan asked about the BID permit and whether we should check into that first. Mr. Hoxie stated it is quite clear the BID cannot issue licenses – it should be contacted to find out what exactly they do have. Our authority is over alcohol and food handling establishments. Mr. Hoxie asked for comments. Jim Carey from Gringo’s appeared in opposition. He stated the entertainer would be no more than 20 feet from his property. He does not think it would be fair to him. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Smilin’ Jack’s Restaurant Corp., d/b/a La Paz Surf Cantina, 573B Main Street, Hyannis, John Downes, Manager, for permission to amend its Daily Live Entertainment License to allow outside entertainment on their front patio Thursday nights during the summer season from 6 pm to 10 pm, in conjunction with the Hyannis BID Thursday evening events to 6/22/09. Alteration of Premises: Application of Fazio’s Trattoria, Inc., d/b/a Fazio’s Trattoria, 294 Main Street, Hyannis, MA, Thomas Fazio, Manager, for a change in license description to the following: “294 Main Street, Hyannis, MA, masonry building with main entrance on Main St., one entrance on Willow Ave. at rear of building and one entrance on east side of building. Table and chair seating for 82 (including 24 seasonal outside seats), plus 8 seats at the bar. A basement storage area of 3,000 sq. ft. Kitchen area of 1,040 sq. ft.” Attorney Boucher appeared for Fazio’s with Mr. and Mrs. Fazio. They are requesting seasonal seating outside. Christine Ade confirmed that the Town Manager Agreement for a sidewalk café is in her possession. Mr. Geiler stated the capacity is 94. Mr. Burman stated it is 90 and does that include employees? Mr. Geiler stated it does not. The seating plan shows the total of 92. The application and approved capacity is 90. Officer Maher stated maximum occupancy includes employees. This is a discrepancy within the rules and regulations of the town. The police department has always enforced it including employees. Mr. Sullivan said he has heard a lot of discussion about seating capacity vs. occupancy from the future. He would like in future to have the Building Commissioner and Board to clear this up. Mr. Hoxie suggests we approve this application and move forward. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Fazio’s Trattoria, Inc., d/b/a Fazio’s Trattoria, 294 Main Street, Hyannis, MA, Thomas Fazio, Manager, for a change in license description to the following: “294 Main Street, Hyannis, MA, masonry building with main entrance on Main St., one entrance on Willow Ave. at rear of building and one entrance on east side of building. Table and chair seating for 82 (including 24 seasonal outside

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seats), plus 8 seats at the bar. A basement storage area of 3,000 sq. ft. Kitchen area of 1,040 sq. ft.” New Seasonal Common Victualler License: Application of Cape Cod Concessions, LLC, d/b/a Harborside, 159 Ocean Street, Hyannis, MA, Don Cox, Manager, for a new Seasonal Common Victualler License (May 1 to October 31 each year), hours of operation 7:30 am to 11:30 pm, with 30 seats outdoors only, maximum 3 parking spots on property. No-one appeared for the application. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Cape Cod Concessions, LLC, d/b/a Harborside, 159 Ocean Street, Hyannis, MA, Don Cox, Manager, for a new Seasonal Common Victualler License (May 1 to October 31 each year), hours of operation 7:30 am to 11:30 pm, with 30 seats outdoors only, maximum 3 parking spots on property to 6/22/09 as no-one appeared for the application. New Class II Auto Dealer: Application of Global Exports International Trade Group, LLC, d/b/a GX Automotive, 87 Enterprise Road, Unit A, Hyannis, Mwanyota A. Allen, Manager, for a new Class II Auto Dealer License, with a maximum of 7 parking spaces. Mr. Allen appeared for the application. He is applying for a Class II Dealer’s License for the maximum of 7 parking spots. They export cars and car parts to Cameroon and other places. He purchases vehicles through auctions so does have experience. Monday – Friday 9-5; he is asking now for Mon – Saturday 9-5. Mr. Allen stated he is only occupying ½ of Unit A at the location so cut his parking spaces in half as well. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Global Exports International Trade Group, LLC, d/b/a GX Automotive, 87 Enterprise Road, Unit A, Hyannis, Mwanyota A. Allen, Manager, for a new Class II Auto Dealer License, with a maximum of 7 vehicles outside including employees/customer parking. New Common Victualler License: Application of Zi Long, Inc., a franchise of Innovated Restaurant Group, Inc., d/b/a Ruby Thai, 793 Iyannough Road, #F104 (Mall), Hyannis, MA 02601, Xu Wei Zheng, Manager, for a new Common Victualler License, hours of operation to be 10 am to 9 pm. Xu Wei Zheng appeared and announced it will be 12-6 Sunday and regular mall hours weekdays. Chao Cajun used to be in this location. They will be opening up tomorrow according to Mr. Zheng. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Zi Long, Inc., a franchise of Innovated

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Restaurant Group, Inc., d/b/a Ruby Thai, 793 Iyannough Road, #F104 (Mall), Hyannis, MA 02601, Xu Wei Zheng, Manager, for a new Common Victualler License, hours of operation to be 10 am to 9 pm. New Junk Dealer License: Application of Cape Abilities, Inc., 3284 Main Street (Rte. 6A), Barnstable, MA, Larry Thayer, Manager, for a Junk Dealer License, hours of operation to be 9 am to 5 pm. Larry Thayer appeared for his thrift and consignment shop. This is where the cancer thrift shop was located. Mr. Hoxie asked if he is familiar with the new regulations. He said he is. They will be open as much as their success allows. Right now he believes it will probably be Monday through Saturday but asking for daily. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Abilities, Inc., 3284 Main Street (Rte. 6A), Barnstable, MA, Larry Thayer, Manager, for a Junk Dealer License, hours of operation to be 9 am to 5 pm daily. Carnival: Application of Harold Fera, Rockwell Amusements, Inc., 10 Red Oak Drive, Johnston, RI, for a Special Permit for a Carnival for Wednesday, June 17, 2009 through Sunday, June 21, 2009 to be held at the Cape Cod Mall, Iyannough Road, Hyannis at the dates and hours listed below: 6/17/09 - 5 pm to 10 pm 6/18/09 - 5 pm to 10 pm 6/19/09 - 5 pm to 11 pm 6/20/09 - 1 pm to 11 pm 6/21/09 - 1 pm to 8 pm

Mr. Fera and Mr. Flynn appeared for the carnival request. They stated upon our approval they will go to Health, Fire, Building, etc. to get their permits as well. The list of employees and rides has now been provided. Officer Maher stated the employee list is unusual in that some of them do not have dates of birth – he is questioning the list and has requested photo ID on each person for the police department. Mr. Flynn stated they have CORI reports on each and he will provide them to the BPD. Lt. Jason stated they had a list last year, and ok’d it, but then there were different people there when they checked. They assured Lt. Jason they will have ONLY the employees listed and with ID proof be there at all. The only exception would be a local kid to sell hot dogs or something. Who would be the contact for the police? They will provide that. Officer Maher asked if people staying in the trailers, etc. are others than the employees? Are there others staying with them? The carnival people stated there might be a child. Officer Maher wants an ID for anyone over the age of 12. Mr. Burman stated that Mr. Fine at the Mall has asked the L.A. to approve this. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Harold Fera, Rockwell Amusements, Inc., 10

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Red Oak Drive, Johnston, RI, for a Special Permit for a Carnival for Wednesday, June 17, 2009 through Sunday, June 21, 2009 to be held at the Cape Cod Mall, Iyannough Road, Hyannis at the dates and hours listed below: 6/17/09 - 5 pm to 10 pm 6/18/09 - 5 pm to 10 pm 6/19/09 - 5 pm to 11 pm 6/20/09 - 1 pm to 11 pm 6/21/09 - 1 pm to 8 pm provided that all of the police department requests are met as well as all necessary permits. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Junk Dealer Blockbuster A motion was duly made to approve the renewal of Blockbuster for its annual Junk Dealer License. The motion unanimously carried. Common Victualler Sandy Neck Beach Concession A motion was duly made to approve the renewal application of Sandy Neck Beach Concession for its common victualler license. The motion was unanimously approved. Business Meeting: Licensing passed out materials from the Municipal Licensing Group Seminar on June 2. Mr. Geiler stated a non-criminal citation may now be issued for a minor purchasing alcohol. Part of the new language allows the Licensing Authority to pay a cash bonus to someone reporting any attempts to purchase by minors, if our Town Council approves such an ordinance. This would include the evidence of false ID, etc. The fines are up to $300. Officer Maher stated the Police Departments enforce this. The PD issues the citation, collects the fee and goes to an alcohol seminar. If an ID is confiscated the PD gets $50.00. It looks interesting but we need to look at it further. Mr. Geiler stated the ABCC and other towns are seeing a rise in underage purchases of alcohol. Mr. Sullivan asked if it primarily applies to package stores – it talks specifically about both. Mr. Hoxie asked that this matter be put on for the 6/22 meeting to discuss further. Adjourned at 10:25 am.

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Respectfully submitted, ______________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. June 22, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, June 22, 2009. Gene Burman, Vice Chairman called the meeting to order at 9:30 A.M. He introduced; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Chairman Martin Hoxie was absent. Hearings: One Day Wine Only and One Day Entertainment License: Application of W. Bruce Wallin on behalf of the Historical Society of Santuit and Cotuit for a One Day Wine Only License and a One Day Entertainment License for a piano player for July 18, 2009 from 6 pm to 8 pm at the Society premises located at 1148 Main Street, Cotuit, all outdoors in a tent. Mr. Wallin appeared for his request. Mr. Burman asked who would be handling the alcohol; it will be Andy’s Market. Mr. Burman asked if they were savvy about alcohol service; Mr. Wallin stated they have done this before. Mr. Boy suggested Mr. Burman read the “Taste of Cotuit” flyer for the record – and asked for public comment. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of W. Bruce Wallin on behalf of the Historical Society of Santuit and Cotuit for a One Day Wine Only License and a One Day Entertainment License for a piano player on July 18, 2009 from 6 pm to 8 pm at the Society premises located at 1148 Main Street, Cotuit, all outdoors in a tent. One Day All Alcohol and One Day Entertainment Licenses: Application of Jaci Barton on behalf of Barnstable Land Trust, 407 North Street, Hyannis, for a One Day All Alcohol License and One Day Entertainment License for its annual auction and lawn party, all to be held outdoors in a tent at the premises of Mr. and Mrs. O’Brien, 205 Ocean View Avenue, Cotuit, on August 1, 2009 from 5:30 pm to 8:30 pm., as a fundraiser for this non-profit organization.




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No-one appeared for this application. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Jaci Barton on behalf of Barnstable Land Trust, 407 North Street, Hyannis, for a One Day All Alcohol License and One Day Entertainment License for its annual auction and lawn party, all to be held outdoors in a tent at the premises of Mr. and Mrs. O’Brien, 205 Ocean View Avenue, Cotuit, on August 1, 2009 from 5:30 pm to 8:30 pm., as a fundraiser for this non-profit organization to July 6, 2009. One Day Entertainment License: Application of Carol J. Eklund on behalf of CCPEN/For the Love of a Pet, 301 Quaker Meetinghouse Road, E. Sandwich, MA for a One Day Entertainment License for karaoke, a maximum of 8 bands with dancing, rides, games, etc. for a fundraising event to be held at CJ’s Ranch, 1445 Osterville West Barnstable Road, Marstons Mills, MA on August 9, 2009 from 10 am to 5:30 pm. Ms. Eklund appeared for this family day to raise money for the pets. There is a rain date set for August 16th, so Mr. Sullivan brought up that date as well. Mr. Burman asked for public comment; Martin MacNeely, COMM Fire Dept., asked about the event – they have the address as the Cape Cod Animal Hospital – asking for clarification of the address. It was clarified as 1445. Mr. MacNeely asked about parking; Ms. Eklund stated the front field will be split in half and used for parking. Mr. MacNeely asked about indoor use of the facility…Ms. Ekluind stated there are demonstrations inside but the event is all outdoors. Mr. MacNeely was fine with that. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Carol J. Eklund on behalf of CCPEN/For the Love of a Pet, 301 Quaker Meetinghouse Road, E. Sandwich, MA for a One Day Entertainment License for karaoke, a maximum of 8 bands with dancing, rides, games, etc. for a fundraising event to be held at CJ’s Ranch, 1445 Osterville West Barnstable Road, Marstons Mills, MA on August 9, 2009 from 10 am to 5:30 pm, with a rain date of August 16, 2009. One Day All Alcohol and One Day Entertainment Licenses: Application of Jim McGillen, Oysterville Yacht Club on behalf of the Cam Neely Cancer Fund for a One Day All Alcohol for July 20, 2009 6 pm to 11 pm at Oyster Harbors Marine Little Island Facility and a and One Day Entertainment License from 7:30 pm to 11 pm with 7 entertainers. Capacity to be determined by the Building Dept. and Dire Dept. Continued from 6/8/09. Jim McGillen appeared for this application representing the Oysterville Yacht Club and Cam Neely event for cancer for children. He stated it generates over $50,000 per year. It is a mature event. Bartenders are TIPS trained and restaurant bartenders. Last year they had a glitch with parking – this year they are providing trolley and/or limo services to and from the location. Our Lady of Assumption (200 spaces) has allowed them to

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use their facility and they will use a town lot (80) and town landing and Wianno Yacht Club lot. On site are dedicated spaces to the boat owners and 70+ spaces around Crosby boat yard. The caterers, committee, band and people who have the dedicated spaces, security personnel only will be allowed in those spaces. He has spent extensive amounts of time on this application – getting bids for the parking shuttle, etc. so that there will be no problems. Tom Perry has given permission for the building for a \maximum capacity of 400; they had about 300 last year and do not think it will exceed that if they even get the 300 this year. Martin MacNeely came forward again from COMM Fire Dept. He made the board aware of issues last year – stating they were significant. The primary one was parking. It is a limited access site. One lane road designed for minimal boat owners and boat storage. No restrictions last year on the parking lot even though it was promised there would be restrictions. They believe last year the building had over 300 and was only permitted for 290. They do believe the building can accommodate 400 people. He has been working with Mr. McGillen and the applicant Mr. Liakos for the past two months to make sure it goes smoothly this year. Mr. Sullivan stated he recognizes the problems the Fire Dept. brought up and thinks that Mr. McGillen’s presentation adequately addressed this. Mr. Geiler asked if this was a weekday event – it is; a Monday afternoon. Mr. Burman stated it would appear there is a meeting of the minds this year. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Jim McGillen, Oysterville Yacht Club on behalf of the Cam Neely Cancer Fund for a One Day All Alcohol for July 20, 2009 6 pm to 11 pm at Oyster Harbors Marine Little Island Facility and a and One Day Entertainment License from 7:30 pm to 11 pm with 7 entertainers for a total capacity of 400 persons determined by the Building Commissioner. One Day All Alcohol and One Day Entertainment Licenses: Application of Todd H. Walantis on behalf of the Cape Cod $5000, 960 Putnam Ave., Marstons Mills, MA for a One Day All Alcohol License and a One Day (Sunday) Entertainment License for its first annual Striped Bass and Bluefish Tournament to benefit charity. Festivities to include food and entertainment will be held at Oyster Harbors Marine, 182 Bridge Street, Osterville, MA on 6/28/09 from 3 pm to 7 pm. Mr. Walantis appeared for his application. This will also be held at Oyster Harbors Marine. It is the first year of this fishing tournament – it will benefit the Independence House of Hyannis. They are expecting 80 to 100 people. They are restricting all parking from that side of the bridge. The main facility has parking and a number already have their boat spots and from Crosby Boat Yard. They do not feel the parking will be an issue. The Islander Restaurant will handle the food and alcohol (Joseph Dunn). Mr. Geiler asked about it being for profit; Mr. Walantis stated all proceeds are going to charity. Mr. Geiler stated they still are not a non-profit organization. Mr. Burman asked the same question about being a non-profit. Mr. Geiler stated they could amend the application to a beer and wine or amend the application to Independence House as the applicant, provided they would like to do so. Mr. Sullivan stated he would rather

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approve beer and wine only for this year. Mr. Walantis stated that would be fine. Martin MacNeely, COMM Fire, stated they are in approval for this event. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Todd H. Walantis on behalf of the Cape Cod $5000, 960 Putnam Ave., Marstons Mills, MA for a One Day Wine & Malt License and a One Day (Sunday) Entertainment License for its first annual Striped Bass and Bluefish Tournament to benefit charity. Festivities to include food and entertainment will be held at Oyster Harbors Marine, 182 Bridge Street, Osterville, MA on 6/28/09 from 3 pm to 7 pm. Request to remain open for market and deli sales: Request of Jennifer Cullum, Manager, Sea Street Market & Provisioners, 231 Sea St., Hyannis, holding a retail package store wine and malt license, for permission to remain open for market and deli sales during their alcohol sales suspension on July 26, 2009. Jennifer Cullum appeared for her application. She is the owner of Sea Street Market. She respectfully requests they be open for the market, deli and ice cream window only – they are a local market for milk, eggs, deli, etc. and locals depend on her market. She stated she could certainly use the Sunday market sales with chains across the alcohol areas. Mr. Burman asked if it is segregated – she stated she can close off the alcohol areas, Mr. Burman stated that would be his only concession. She will have signs near the alcohol that it can’t be sold that day as well as one sign on the front door. Mr. Sullivan agrees that for others in the community he thinks it would be fair. Ms. Cullum had stated she is very serious about this – she is a small owner with a family and it is difficult to police 24/7. She does understand that this is serious. She commented as an aside that the same employee she fired last season who sold to the minor applied for her job back this year! Mr. Burman stated each case will be handled separately. Mr. Geiler asked how much of the total sales is alcohol; Ms. Cullum stated about 1/3. They now accept an EDT card (food stamps), which she is hoping will boost sales. Mr. Burman asked for public comment. There was none. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of Jennifer Cullum, Manager, Sea Street Market & Provisioners, 231 Sea St., Hyannis, holding a retail package store wine and malt license, for permission to remain open for market and deli sales and ice cream during their alcohol sales suspension on July 26, 2009. Ms. Cullum thanked the Board and noted she understands the Board has a responsibility to the police department and upholding the laws but appreciates the concession made so she can be open for non-alcohol sales. Change of Hours: Application of Shanghai Chinese Restaurant, Inc., 11 Ridgewood Avenue, Hyannis, MA, Henry Yang, Manager, for a Change of Hours from 11:00 pm closing (a rollback of hours imposed on 12/8/08) to 12:30 am closing, 7 days a week.

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Attorney Robert Mills appeared with Mr. Yang and Lucy, the other employee, for this request. They are here today voluntarily and he said he thinks they now have a firm grasp on the running of the business in accord with Town rules and regulations and ABCC regulations. They also have a better grasp on some of the bad people who were hanging around the restaurant and going in and out frequently. He stated that the rollback has diminished their 1st quarter drastically (about $12K). Attorney Mills said he pulled the police logs for the property and there were some calls to that address – one was a man in a taxi who was disorderly and a few others, but he did not think they were specific calls to the restaurant. He is asking for consideration to 12:30 – even to midnight would be greatly appreciated. He stated it could be on a “probationary” basis if the Authority chose. It is hard to base the diminished revenue on the economy – but rather they think it is mostly the rollback of hours. Officer Maher asked what percent change the revenue drop might be – for the 1st quarter Attorney Mills stated it is roughly 15-20%. Officer Maher stated this brings up another establishment in town who basically inherited the people who used to be at the Shanghai – they have now hired a security group for $70K to handle these people. He asked what the Shanghai plans to do with regard to the security issue if they are granted the later hour for closing. Officer Maher stated the log does not show any actual Shanghai issues. But he is concerned that it not return to how it was before the rollback. Mr. Boy stated he would like to see the rollback last for at least a year before making a decision to change it. Mr. Burman was looking at the statement for 2009 and he could not make head nor tail of the 1st page; Mr. Mills stated these numbers are not correct – there are some numbers missing on the beginning ($10,000 or $12,000) January 1, 2009 $14,000+ gross receipt; Mr. Burman stated that the numbers in the report are pretty much meaningless. Officer Maher stated the problem with the restaurant is not the percent of alcohol/food but the people who were frequenting the place. Mr. Burman asked Mr. Geiler about whether they need to make findings first and then vote. Mr. Geiler stated it would be a good idea. He also stated that part of the issue for the rollback was the lack of oversight at night – what has changed? How will it change if the hours are expanded? Attorney Mills stated in the past there was only one or two people on; Mr. Yang is there much more now; there are more signs – restrooms for patrons only, etc. He said they cannot afford to put any other people on duty. Mr. Yang will spend more time there. Their revenues are so down they can’t afford security. Mr. Geiler asked if they have had training or something – Mr. Mills stated they have not taken training but he has tried to explain to them about the transient business going on in there – it has not been going on lately at all. Henry will be there more at night and Lucy in the daytime. Lt. Jason asked how many employees they have and was told they have 4. There are 4 all the time; 2 in the kitchen, one at the bar and another out front. They serve the food, run the register and run the bar. Lt. Jason thinks the bathrooms and out front are the problem, and there is still a communication problem – she does not know how we can have an understanding if they cannot speak English. She stated we need a few more months of trial time with the rolled back hours. Officer Maher speaking from experience said that the faces he has seen there before the rollback are some of the same faces there lately. He stated the owners do not have the experience and know-how to control these people; they are intimidated by them. The element is definitely still in town – just pushed from one place to another because of the rollback hours. These owners do not

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have the ability to deal with the problem people. Mr. Mills stated they are looking not for 1 am as before but anything the board could give them. Mr. Sullivan said he heard drugs mentioned – outside, bathrooms, etc. and that this is not an alcohol but a drug issue. Cape Cod does not escape that. He would just as soon put somebody out of business who cannot control this type of element in its premises. He would like to see some closer relationship with the police department to get some help. Maybe after the summer the board could consider later hours if the police department agrees. He needs convincing that the owners will be vigilant and that they can recognize what is going on. He would like to see more positive action by the owners. Mr. Burman asked for findings. Paul Sullivan found that the Shanghai Restaurant entrepreneurs have made some efforts to correct the problems there, but there is a lot of suspicious type of activity outside and problems with the bathrooms. He stated there has not been sufficient effort to warrant the change in hours from the 11 pm closing at this time. He would like to see a greater effort of the attorney working with the owners and the police department. He suggested this be revisited in the Fall. Findings were unanimously adopted. Mr. Geiler stated there are two different ways to handle this. The questions is would we like to continue the hearing to the Fall to a date certain, or disapprove it now. Mr. Sullivan moved that the hearing be continued to October 26, 2009. Mr. Boy seconded the motion and Mr. Burman agreed that the hearing be continued to 10/26/09. Request for Outdoor Entertainment Thursday Nights: Request of Smilin’ Jack’s Restaurant Corp., d/b/a La Paz Surf Cantina, 573B Main Street, Hyannis, John Downes, Manager, for permission to amend its Daily Live Entertainment License to allow outside entertainment on their front patio Thursday nights during the summer season from 6 pm to 10 pm, in conjunction with the Hyannis BID Thursday evening events. Mr. Burman read the request to amend the daily live entertainment license for Thursday evening events only. John Downes appeared again from 2 weeks ago and stated he hopes the Board has checked with the BID so we can go forward. Mr. Downes said he has spoken with Scott Lajoie and his associate – they have a license for Main Street. entertainment on Thursday nights. Mr. Downes stated he is here for a level playing field. Mr. Burman stated the BID has no jurisdiction over the entertainment license of the alcohol establishments. Mr. Downes stated the music starts 7/9 and that other restaurants with9ut entertainment licenses of their own for outside did it last year outside on their patios. He would like it to be across the board for all on Main Street. Mr. Geiler stated those with outside entertainment licenses are allowed to have it but those who do not have that license cannot. The board looks at the size of the establishments. He asked the size of the patio – Mr. Downes stated about 800 sq ft. Mr. Geiler indicated he thought it was much smaller. He then stated the nature of the business was to be a restaurant. To make that into something else, except within the walls of the building as approved by the Board, is not acceptable or appropriate here.

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Mr. Downes asked why the neighbors on BOTH side have outside speakers and they cannot have them? Mr. Geiler stated the others have had them for 50 years. Mr. Geiler states this is a public trust they are allowed to apply for, but they need to convince the Board that they deserve the outside speakers. Mr. Downes stated he will abide by the decision made by the Board but wants it on the record that there is NOT a level playing field on Main Street. Mr. Sullivan suggested this hearing be postponed until 7/6 to clarify the BID issue (what exactly their license covers) before making a decision on this case. Officer Maher suggested there ARE some others with music outside without their own license. As an example, the Nam Vets have it on Thursday nights. Others with outside speakers have been told by the BID they can do it, as well as La Paz. Mr. Burman asked if Mr. Geiler could contact the president of the BID about this. Mr. Geiler stated he would much prefer to have the Town Manger spell out what in fact he has approved for this Thursday event. Mr. Downes stated he would happily have brought the BID people with him but thought the Board was looking into that. He was told that Mr. Hoxie had agreed to contact the BID but at the last minute could not attend the meeting today. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to continue the application of Smilin’ Jack’s Restaurant Corp., d/b/a La Paz Surf Cantina, 573B Main Street, Hyannis, John Downes, Manager, for permission to amend its Daily Live Entertainment License to allow outside entertainment on their front patio Thursday nights during the summer season from 6 pm to 10 pm, in conjunction with the Hyannis BID Thursday evening events to 7/6/09. New Common Victualler License: Application of AlecASam, Inc., d/b/a Village Landing Restaurant, 3224 Main Street, Barnstable, MA, Richard S. Scoville, Manager, for a new Common Victualler License, hours of operation to be 7 am to 2 pm. Mr. Scoville appeared for this application. They will be open 7 am to 2 pm as it is being run presently. Mr. Burman stated there are only 2 sitting members as the 3rd had to leave – Mr. Boy – and he wished to proceed. Mr. Sullivan had no questions; it was asked if the capacity is not being changed? It is not. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of AlecASam, Inc., d/b/a Village Landing Restaurant, 3224 Main Street, Barnstable, MA, Richard S. Scoville, Manager, for a new Common Victualler License, hours of operation to be 7 am to 2 pm. Transfer of Annual All Alcohol Common Victualler and Live and Sunday Entertainment Licenses: Application of Roo Bar, LLC, d/b/a Roo Bar City Bistro, 586 Main Street, Hyannis, Narinder Thind, Manager for Transfer of its Annual All Alcohol Common Victualler License (11 am to 1 am Mon-Sat and noon to 1 am Sun) and Daily Live, Non-Live and Sunday Entertainment Licenses, 9:30 pm to 12:45 am to SJR Group, Inc., d/b/a Five Eighty Six Bistro & Bar.

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Attorney Jeremy Carter appeared for this application. Mr. Thind appeared as well as the proposed new manager – Jason Schlidge, as well as Raymond Roy and Steven Roy (owners of the business). Mr. Carter stated that it has been brought to his attention that there is a need to amend the lease from the current owner to SJR Group to include the RooBar owner currently licensed until the transfer is approved. That is in the works and will be done by this afternoon. Mr. Geiler asked about that. Attorney carter stated that until the license is approved by this Board AND the ABCC, the current owner will continue to run the business – RooBar – and will be added to the lease until approval by the ABCC. He said that was an oversight only. There are not any other issues from the police department. They will ask the Board to approve the new licensees and allow the RooBar people to continue to run it until the new people are approved. There will be a formal written lease showing the RooBar people as lessees and Byron Haseotes as owner. Mr. Geiler stated he had been told there are other issues – a name change and internal changes. The position they are taking today is that there will be no changes until approval. There was a structural change – a wall and counter, not affecting capacity. They understand in the future that any change must come before the Board. Attorney Carter represented again that the current owner is continuing to run the place until the approval takes place under the Manager, Mr. Thind.. Mr. Sullivan asked if Mr. Schlidge has any connection with SJR; he said he does not. He was host and bartender and floor manager at Captain Parker’s in Yarmouth. The owner was always there. Mr. Schlidge will be in full charge at the new restaurant. Mr. Schlidge was bar supervisor at the Ground Round in Connecticut. He will be having all his employees attend an ABCC seminar for training. Officer Maher stated he is all set with what was presented today. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Roo Bar, LLC, d/b/a Roo Bar City Bistro, 586 Main Street, Hyannis, Narinder Thind, Manager for Transfer of its Annual All Alcohol Common Victualler License (11 am to 1 am Mon-Sat and noon to 1 am Sun) and Daily Live, Non-Live and Sunday Entertainment Licenses, 9:30 pm to 12:45 am to SJR Group, Inc., d/b/a Five Eighty Six Bistro & Bar subject to receipt of the new lease to RooBar. Yearly Sunday Entertainment License: Application of Paul Mazzeo, Manager. Palio Pizzeria, Inc., 435 Main Street, Hyannis, MA, for a yearly Sunday Entertainment License for up to 2 acoustic entertainers from 5 pm to 8 pm. No-one appeared from Palio Pizzeria. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Paul Mazzeo, Manager. Palio Pizzeria, Inc., 435 Main Street, Hyannis, MA, for a yearly Sunday Entertainment License for up to 2 acoustic entertainers from 5 pm to 8 pm to July 6, 2009.

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Class II Auto Dealer License – Change of Location: Application of Robert J. Trapp, Inc., 123 Falmouth Road, Hyannis, Robert J. Trapp, Manager, for a new location for its Class II Auto Dealer License, with a maximum of 41 display spaces. Robert Trapp appeared for his application. He has held a Class II Auto Dealer license since 1991 at the old location, owned by TransAtlantic Motors, which is slated to be taken down in the near future. His request is to move to 123 Falmouth Road. He had a license at 95 Falmouth Road and 123 Falmouth Road back in the 1980’s. It became Hyannis Hyundai. When they sold Hyundai he moved to 49 Bearse Road. The lot is .9 acre. Mr. Geiler asked what changes have taken place on the lot. Mr. Trapp stated a lot of effort went into cleaning the lot up which was Reliable Fence recently. Numerous dumpsters have been filled. Buildings have been renovated and work done to make it much more presentable. Mr. Burman asked if the Building Commissioner has looked at the capacity – there is no sign off on the plan in his package. Mr. Geiler stated they did meet with the Building Commissioner and it has more uses than the present tenant will utilize. He currently has 25 vehicles; the new lot and application is for 41. The space is considerably larger. Mr. Burman stated the new number of 41 will be all inclusive – sale vehicles, employees, etc. Officer Maher asked about spaces used by the repair business nextdoor. Mr. Trapp stated the property to the rear of the building Officer Maher was talking about has recently been cleared of debris as has the property he will be occupying. There were actually homeless shanties there which are not there now. The repair vehicles there now could not be in the rear before, as Reliable Fence used the area for storage of fencing. The autos were on the front corner then. Now they can be in the rear. There are still 3 buildings there. Officer Maher asked how the vehicles are going to be separated. (Spaces 30-17). Spaces 1-4 abut the spaces for Cape Motors. Those cars will no longer be Cape Motors cars. That area had been leased to them; they no longer have a lease agreement to use it. Those cars will have to be moved from that space – they are not licensed to be there. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Robert J. Trapp, Inc., 123 Falmouth Road, Hyannis, Robert J. Trapp, Manager, for a new location for its Class II Auto Dealer License, with a maximum of 41 total spaces. New Seasonal Common Victualler License: Application of Cape Cod Concessions, LLC, d/b/a Harborside, 159 Ocean Street, Hyannis, MA, Don Cox, Manager, for a new Seasonal Common Victualler License (May 1 to October 31 each year), hours of operation 7:30 am to 11:30 pm, with 30 seats outdoors only, maximum 3 parking spots on property. Mr. Cox appeared for this license. He stated this restaurant has been in operation for 7 years. He has changed the ice cream to Four Seas Ice Cream. He wants to change the opening hour to 6 am and closing to 11 pm, rather than what he had originally applied for. He stated they have permission for parking for employees in Demetrius Atsalis’ parking lot.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Cod Concessions, LLC, d/b/a Harborside, 159 Ocean Street, Hyannis, MA, Don Cox, Manager, for a new Seasonal Common Victualler License (May 1 to October 31 each year), hours of operation 6 am to 11 pm, with 30 seats outdoors only, maximum 3 parking spots on property. Business Meeting: KENO TO GO discussion – to see if any Board members object to it. Mr. Geiler stated this is what the commission does if someone applies for a KENO license. The application is pending – the Board may file an objection if they wish to. Mr. Burman asked Officer Maher about it – it is just purchasing a ticket. The Board members both did not object. Adjourned at 11:08 am. Respectfully submitted, _____________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Barnstable Licensing Authority Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. July 6, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, July 6, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Entertainment License: Application of Larry Thayer on behalf of Cape Abilities, 895 Mary Dunn Road, Hyannis, for a One Day Entertainment License for Young@Heart Chorus (performers 72-90 years of age) for an event on October 16, 2009 at the Barnstable High School Performing Arts Center, West Main Street, Hyannis, from 3 pm to 10:30 pm. Patricia Janiak, Director of Development, appeared for Mr. Thayer. This has an admission fee of $30 & $75. It is an event that will only happen once. It will be about 1-1/2 hour performance. The performers are from Northampton, MA. They are here for 2 days. They have permission from the high school. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to approve the application of Larry Thayer on behalf of Cape Abilities, 895 Mary Dunn Road, Hyannis, for a One Day Entertainment License for Young@Heart Chorus (performers 72-90 years of age) for an event on October 16, 2009 at the Barnstable High School Performing Arts Center, West Main Street, Hyannis, from 3 pm to 10:30 pm. One Day Wine & Malt and Entertainment License: Application of Ann Drouin on behalf of the Armenian Church of Cape Cod, P.O. Box 1485, Mashpee, for a One Day Beer & Wine License and One Day Entertainment License for a dinner dance to be held at St. George Greek Orthodox Church Community Center, Route 28, Centerville, on August 8, 2009 from 6 pm to 11 pm. There will be up to 7 entertainers, amplified.




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Ann Drouin appeared for her application. Mr. Hoxie asked if this was the first time they put on the event? It is not. The admission is $40 and all proceeds go to the church building fund. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to approve the application of Ann Drouin on behalf of the Armenian Church of Cape Cod, P.O. Box 1485, Mashpee, for a One Day Beer & Wine License and One Day Entertainment License for a dinner dance to be held at St. George Greek Orthodox Church Community Center, Route 28, Centerville, on August 8, 2009 from 6 pm to 11 pm. There will be up to 7 entertainers, amplified; not outside. Sunday Entertainment License: Application of Heather Donnelly on behalf of MSPCA, for a One Day Entertainment License for its annual Walk for Animals event to be held at Aselton Park, Hyannis, on September 13, 2009 from 11 am to 2 pm. There will be a DJ with amplified music playing at the event. No-one appeared for the application. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to continue the application of Heather Donnelly on behalf of MSPCA, for a One Day Entertainment License for its annual Walk for Animals event to be held at Aselton Park, Hyannis, on September 13, 2009 from 11 am to 2 pm. There will be a DJ with amplified music playing at the event to 7/27/09. One Day All Alcohol and One Day Entertainment Licenses: Application of Jaci Barton on behalf of Barnstable Land Trust, 407 North Street, Hyannis, for a One Day All Alcohol License and One Day Entertainment License for its annual auction and lawn party, all to be held outdoors in a tent at the premises of Mr. and Mrs. O’Brien, 205 Ocean View Avenue, Cotuit, on August 1, 2009 from 5:30 pm to 8:30 pm., as a fundraiser for this non-profit organization. Jane Harvey appeared for her application. It is August 1st and is their annual fundraiser; she believes it is the 12th year. They have 2 certified bartenders. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to approve the application of Jaci Barton on behalf of Barnstable Land Trust, 407 North Street, Hyannis, for a One Day All Alcohol License and One Day Entertainment License for its annual auction and lawn party, all to be held outdoors in a tent at the premises of Mr. and Mrs. O’Brien, 205 Ocean View Avenue, Cotuit, on August 1, 2009 from 5:30 pm to 8:30 pm., as a fundraiser for this non-profit organization providing the entertainment is self-contained and does not disturb the neighborhood. New Common Victualler License: Application of Juliano Coutinho, d/b/a Acai Berry Juice Bar, 14 West Main Street, Hyannis, MA, Juliano Coutinho, Manager, for a new Common Victualler License, hours of operation to be 11 am to 1 am, Tuesday through Sunday.

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Mr. Coutinho appeared for this application. The acai is a berry from Brazil. They hope to open 7/15. They have the building ready and are just waiting for the license and inspections. He used to sell this fruit in Brazil. It is a high anti-oxidant fruit. They are hoping to stay open until 1 am and requested to open up at 6 am for breakfast time as well. They do not want alcohol. They will also be doing hot dogs and hamburgers. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to approve the application of Juliano Coutinho, d/b/a Acai Berry Juice Bar, 14 West Main Street, Hyannis, MA, Juliano Coutinho, Manager, for a new Common Victualler License, hours of operation to be 6 am to 1 am, Tuesday through Sunday. Annual Daily Live and Sunday Entertainment Licenses: Application of Colombo’s Café, Inc., d/b/a Colombo’s Café & Pastries, 544 Main Street, Hyannis, MA, for an annual Daily Live and Sunday Entertainment License for 1-5 entertainers, non-amplified, Monday through Saturday from 6 pm to 9 pm and Sunday from 4 pm to 8 pm. David Colombo appeared for this application. He wanted to amend it to add entertainment on the inside as well. The outside faces a parking lot with offices which are closed in the evenings. It backs up to a wall so noise could not be heard. To the north and south are businesses – 2 breakfast places which are closed in the evenings. There may be an electric piano or other instrument that is plugged in. He wants to have 4 entertainers but may have 5. He also requested to cover himself for the future to extend the entertainment hours for a private party to start at noon to 10 pm everyday. Attorney Lawler came forward as an abutter to David. He stated you couldn’t get a better neighbor and is in full support of this application. Elizabeth Wurfbein also spoke and said she has heard the music he proposes – it is beautiful. There aren’t any residences it would impact negatively. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to approve the application of Colombo’s Café, Inc., d/b/a Colombo’s Café & Pastries, 544 Main Street, Hyannis, MA, for an annual Daily Live and Sunday Entertainment License for 1-5 entertainers for jazz and dining music which is amplified from noon to 10 pm, both indoors and outdoors. Request for Outdoor Entertainment Thursday Nights: Request of Smilin’ Jack’s Restaurant Corp., d/b/a La Paz Surf Cantina, 573B Main Street, Hyannis, John Downes, Manager, for permission to amend its Daily Live Entertainment License to allow outside entertainment on their front patio Thursday nights during the summer season from 6 pm to 10 pm, in conjunction with the Hyannis BID Thursday evening events. Continued from 6/22/09. Elizabeth Wurfbein appeared for this request representing the BID. She has asked the restaurants to have more outdoor entertainment so the whole street will have music. Mr. Hoxie stated that the BID permit does NOT cover the type of entertainment in this request at all. After meeting with Mr. Geiler she now knows this is different than what

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the BID requested and had approved by the Town Manager. Mr. Downes wants to be part of the music stroll by paying for his own entertainers. She offered to have people near his property, but he wanted his own. The stroll started last Thursday but because of weather it was cancelled. It will run until 8/27. The manager of Gringo’s, Jim Carey, appeared to remind the board about the letter he submitted in opposition to this request. He said he had live entertainment for 5 years but relinquished it to improve his business. He stated this restaurant is right on top of his restaurant – there are a matter of inches separating the properties. If put as far away as he could, the music would still be too close to Gringo’s customers and would negatively impact his business. He does not think the Thursday nights are conducive to all businesses; maybe to some and not others. He thinks that Las Paz is more like a bar with bar entertainment and would interfere with his diners. Mr. Carey DOES have speakers on his patio but he stated the sound does not go off his patio. Mr. Boy confirmed this is true. Mr. Boy then stated it is only 5-9 on Thursdays for which they are requesting the entertainment. Mr. Burman stated there will already BE entertainment on the sidewalks and the streets. Mr. Carey stated that conflicting bands create chaos and noise. Mr. Burman asked if he has ever been to New Orleans? The music there overlaps and everyone loves the festival atmosphere. Mr. Burman stated he has the choice – the music on the streets is approved by the Town Manager, not the Licensing Authority. Mr. Burman asked what his attitude would be if a group of entertainers stood between his property and La Paz? Mr. Carey stated he would not like it, and this request if approved would definitely compound the problem. Tina Carey also appeared. She stated when the license was granted to La Paz she told the board there would be problems with this new establishment. She said there was an incident with a drink passed to someone on the sidewalk and there was a fight nextdoor; and THEIR RESTAURANT was asked to close. The police evidently thought it was all one establishment. She stated they then put up a barrier trellis for which they “should seek reimbursement.” She said they run a family restaurant – a quiet clientele. A quiet crowd – no bands. Their son lives upstairs. They have never had a violation. She asked that the board not issue a license affecting how another business does business. She stated the bands on the street are annoying enough. There is not room on the sidewalk in front of them – they have asked the musicians to move in the past. She said La Paz is literally on top of them. She stated she is tired of having to come here to the board. Mr. Sullivan asked for some clarity as to whether or not other restaurants have outside entertainment on Main Street? His feeling is that they do not. Elizabeth Wurfbein from BID stated Asa Grill has Friday night outside entertainment and Colombo’s is applying today for outside entertainment today. So that is two. The BID has barbershop quartets, small groups – not rock music. Mr. Hoxie stated he does not think we should grant the request, as it would compound the problem for Gringo’s. He believes it should be denied. Mr. Geiler wanted to add that in this particular case, the board expressed concern of the liquor license because of the small size of the building and the wall to wall neighbors. When it changed to the current owners the same concern was expressed. Their proposal emphasized a restaurant operation with a bar. They anticipated a lot of dining. He thinks those concerns were valid then and are valid now. He thinks this Thursday night request could lead to a request for other nights and

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the whole concept of what is being approved would go out the window. It is difficult to understand that outside multi-entertainment could successfully benefit everybody in the area. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to deny the request of Smilin’ Jack’s Restaurant Corp., d/b/a La Paz Surf Cantina, 573B Main Street, Hyannis, John Downes, Manager, for permission to amend its Daily Live Entertainment License to allow outside entertainment on their front patio Thursday nights during the summer season from 6 pm to 10 pm, in conjunction with the Hyannis BID Thursday evening events. Request to pay fine in lieu of suspension: Request of Blanchard’s Liquors, 167 Corporation St., Hyannis, holding a retail package store all alcohol license, for permission to pay a fine in lieu of their alcohol sales suspension on July 18, 2009. Attorney David Lawler appeared for this request. Mr. Corey appeared with him. Due to numerous issues, they are requesting that the suspension be altered or amended to offer a fine or amended penalty. Attorney Lawler stated that what happened was a serious thing – the sting operation took place and alcohol was sold to a minor. This business has been around for dozens of years and has shown itself to be a good corporate citizen. Just the way the calendar falls – the suspension being the same date the following year is bad. They chose not to appeal. But the past year has been a dismal one economical. The reality is a Saturday in July will devastate this man’s business. He does 25% of his business on the weekend in the summertime – in excess of $20k if he is open on the Saturday. The ABCC has monetary values which can be imposed. They have calculated that the ABCC would require an $884.00 penalty according to the formula the ABCC uses. He is not sure of who get the funds – the State or the Town. He stated that they would in addition offer a $500 contribution to a charity such as MADD. They understand the severity of the issue. He knows the board members have had conversations with town counsel. It is vague as to whether the board would approve this. In the alternative, they are requesting closing on the Sunday, the following day from the suspension date rather than the Saturday. There has been some precedent on leap years from a Friday to a Sunday. The board could go 2 calendar days. The Saturday in July is a catastrophic day to have to close. They want to make it clear they know they were wrong. Steps have been taken to reinforce policy and procedure with zero tolerance for service to a minor. The purpose of the stings is to make sure these establishments maintain high standards – not to penalize the establishment to the point of devastating their business. Mr. Hoxie stated there are 2 concerns: 1) does the board have the right to grant this and 2) would it start a precedent. Attorney Houghton stated that Section 23 DOES allow for fines. It was added to the statute. It is accordance with ABCC regulations. Mr. Burman asked Attorney Houghton where the fine goes? Attorney Houghton stated he does not know at this point. Mr. Hoxie stated he does not think the Board should set this precedent. Also, moving the day would go against the premise the board has always gone under – a year from the date of the offense. Mr. Sullivan stated in the

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Boston Globe yesterday there were 8 deaths – the majority of which were early 20’s or teen drivers with alcohol involved. All we need is one of those here. He thinks when we approached the sting violators decisions we took all of it into consideration and the one day suspension was fair. He feels uncomfortable changing it. Attorney Lawler stated he is a father before he is an attorney; he has seen the young people dying because of driving with alcohol. He does, however, go along with the ABCC’s formula based on liquor sales as to the fine amounts. The figure they came up with was applying the ABCC formula. They also felt that offering the $500 to a charity involved with the drinking and driving issue on top of that would impress that they find this serious. He also thought the change of day (not date) should be o.k. The offense occurred on a Friday, not a Saturday. He thinks $1,300 is a substantial amount to offer. He also does not think the ABCC formula (submitting the business numbers to the town as well) is lenient. There is a lot that goes with it on top of just the fine. It is not taken lightly by Don Corey. He does not think this would open the floodgates for more problems. Second offenses are treated much more severely. The board has the ultimate authority – they can actually pull a license if an establishment re-offends. Mr. Burman stated Mr. Lawler’s presentation was eloquent but thinks our board was very lenient – if up to him for the seriousness of the offense it would have been longer. He thinks the board should stand by its principles. Mr. Hoxie stated this Authority has disagreed in the past with the ABCC and thinks we should not decide to change our position. Mr. Hoxie agrees that the presentation was very good but he agreed with Mr. Burman. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to deny the request of Blanchard’s Liquors, 167 Corporation St., Hyannis, holding a retail package store all alcohol license, for permission to pay a fine in lieu of their alcohol sales suspension on July 18, 2009, or to change the suspension date. Yearly Sunday Entertainment License: Application of Paul Mazzeo, Manager. Palio Pizzeria, Inc., 435 Main Street, Hyannis, MA, for a yearly Sunday Entertainment License for up to 2 acoustic entertainers from 5 pm to 8 pm. Mr. Mazzeo did not appear for his application. Elizabeth Wurfbein appeared for Mr. Mazzeo who wants Italian opera singers and a special dinner on Sundays. She stated that it sounded like he wanted a guitarist or accordion to accompany the singers. Mr. Boy mentioned that BID notifies people in the BID of what is going on Thursday nights; and asked if she notifies other businesses of these activities? She stated she sends emails out to the BID members and puts things in the kiosk on the street. They do not have overall notification of what is going on these Thursdays. Mr. Boy suggested they do get notice out there for everyone.. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to continue the application of Paul Mazzeo, Manager. Palio Pizzeria, Inc.,

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435 Main Street, Hyannis, MA, for a yearly Sunday Entertainment License for up to 2 acoustic entertainers from 5 pm to 8 pm to July 27, 2009. Request to Serve Food during Suspension of Common Victualler All Alcohol License: Request of Asa Grill & Reputation, 415 Main Street, Hyannis, Shane Pacheco, Manager, for permission to serve food only at the restaurant during the suspension scheduled for 7/18/09 as a result of the police sting last season. Attorney David Lawler appeared for this request. He stated the Asa Grill is asking just to serve food and non-alcoholic beverages on the suspension date rather than be closed altogether. They feel the needs of the area would be served by letting them serve food on the outside patio especially on this date. After the last 4 rainy weeks, they are requesting this to allow them to keep their doors open. He does not think this would set a negative precedent. They would have a sign outside stating alcohol will not be served today and also instruct the maitre d’ to inform everyone prior to their orders, saying something like, “Sorry, today we are not serving alcohol but offer our entire menu except the alcohol.” Shane Pacheco stated the intent would be to close the restaurant at 9 pm without any entertainment. The bar will be shut down. There will be no access to the alcohol. They have no intention of having b.y.o.b. Mr. Hoxie stated we have had a request for a hotel to stay open without alcohol and a package store which is also a market and deli but not just a restaurant. Mr. Boy stated they are offering advertised specials for drinks at reduced prices on a board outside – the prices have to be the same for a week. Mr. Geiler stated outside advertising of alcohol is prohibited. Mr. Lawler stated he will make sure that is taken care of. Mr. Burman said he would be comfortable if there are tent cards on each table that no alcohol will be served and that it close at 9 pm. He thought that would help the police be able to enforce. Attorney Lawler stated that would be acceptable. Mr. Sullivan suggested they close at 9 pm. Mr. Hoxie asked Mr. Geiler if the board in past has allowed a restaurant to be open without alcohol; he does think it has happened some years ago. Mr. Geiler suggested it apply to ALL the restaurants affected by the sting if approved – there are others who cannot get before the board in time for their suspensions. Mr. Hoxie stated we passed the regulation in March to separate the alcohol service. Mr. Sullivan is very sympathetic because of the economy. He thinks, however, that we were reasonable when the sting hearings took place in the punishments imposed. He also stated we do not want to have a special meeting for the others. Attorney Lawler stated that, “Justice goes to the vigilant.” His client has retained him and been the only one to come here to request this. He reiterated that we had the worst June in history for weather and stated that the board can use discretion to approve this. This applicant came here before the deadline and appeared to request this. The board is not required to hold a special meeting because others have not been vigilant. He

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thinks the board could grant the request without setting precedent. Mr. Hoxie stated it is a question of fairness to the others as well. We cannot forget it was for service of a minor; at the time it was decided the current regulation meant that the entire establishment be closed. Mr. Burman disagreed; we did discuss motels as well as restaurants and their ability to serve food without alcohol. Mr. Burman said that when he came on board there was a sanction against a restaurant who was told they could not serve food without alcohol. He believes in March we passed a regulation giving this board the authority to revise the regulation. Mr. Burman believes we let them know they had the ability to ask but it was not automatic. He does not agree with Mr. Hoxie. Attorney Lawler stated that last year we weren’t aware of the severity of the economic downturn. Mr. Hoxie asked Lt. Jason if we could let these restaurants be open covering their liquor – she does not think they have the manpower to check each one to make sure they are complying all through the date of suspension. She stated mostly all of the restaurants got one day (except prior ioffenders), and she believes it should stay the way it is. Mr. Sullivan said he is not happy about it but believes we should keep things the way they are. Mr. Hoxie stated that from this date forward, on each case with a suspension the board should discuss whether or not they could be open without the alcohol. We have not spoken about this until now on a one by one basis. A motion was duly made by Mr. Burman to approve the request of Asa Grill & Reputation, 415 Main Street, Hyannis, Shane Pacheco, Manager, for permission to serve food only at the restaurant during the suspension scheduled for 7/18/09 as a result of the police sting last season. There was no second. A second motion was made by Paul Sullivan, seconded by Martin Hoxie, and a majority vote of both Paul Sullivan & Martin Hoxie recorded to deny; and Gene Burman not to deny. Motion passed by majority vote to deny the request. ______________________________ _____________________________ Christine P. Ade, Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4STGU5QO\07-27-09 minutes.DOC


Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. July 27, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, July 27, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Paul Sullivan, Clerk, recused himself from the meeting as his listening device was not working today. Hearings: One Day All Alcohol License and One Day Entertainment License: Application of Maegan Storey on behalf of Cape Cod Young Professionals, P.O. Box 1302, S. Dennis, for a One Day All Alcohol License and One Day Entertainment License for its 3rd Annual Back to Business Bash to be held at Rectrix Aerodrome, 480 Barnstable Road, Hyannis on September 17, 2009 from 5:30 – 8:00 pm. Christopher Ward, LaTanzi, Spaulding & Lendreth, PC and Maegan Storey and *** appeared for this application – a fundraiser for their non-profit organization. They prepared a floor plan which was ok’d by Tom Perry. They are a Ch 501C-3 organization. The entertainment will be two pieces. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Maegan Storey on behalf of Cape Cod Young Professionals, P.O. Box 1302, S. Dennis, for a One Day All Alcohol License and One Day Entertainment License for its 3rd Annual Back to Business Bash to be held at Rectrix Aerodrome, 480 Barnstable Road, Hyannis on September 17, 2009 from 5:30 – 8:00 pm. One Day & Sunday Entertainment License: Application of Melissa Alexander and Marilyn Keith on behalf of Cats of the Beach, 24 Residential Lane, Blackstone, MA 01504, for a Saturday and Sunday Cat Show to be held at 730 Osterville-West




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Barnstable Road, Marstons Mills, MA on October 10, 2009 from 9:30 to 3:30 and October 11, 2009 from 9:30 to 3:30. Marilyn Keith appeared for this application. They have had these before and they have been very successful. Mr. Burman asked if there were any lions – she said “no.” A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Melissa Alexander and Marilyn Keith on behalf of Cats of the Beach, 24 Residential Lane, Blackstone, MA 01504, for a Saturday and Sunday Cat Show to be held at 730 Osterville-West Barnstable Road, Marstons Mills, MA on October 10, 2009 from 9:30 to 3:30 and October 11, 2009 from 9:30 to 3:30. One Day Beer & Wine Licenses (10): The Barnstable Licensing Authority will hold a public hearing on the application of Cotuit Center for the Arts, 4404 Route 28, Cotuit, MA for 9 One Day Beer & Wine Licenses for the following events:

7/31/09 8:00 pm – 11:00 pm Duke Robillard Blues Band 8/08/09 5:00 pm – 8:00 pm Art Exhibit opening reception & James Wolf Exhibit 8/12/09 5:00 pm - 8:00 pm Fundraiser for Cape Cod Animal Hospital 9/03/09 7:00 pm - 11:00 pm Adrian Belew concert (of King Crimson) 9/24/09 5:00 pm – 8:00 pm CCftA Annual Meeting

9/12/09 5:00 pm – 8:00 pm Art Exhibit opening reception 10/10/09 4:30 pm - 6:30 pm Art Exhibit opening reception 11/06/09 7:00 pm – 10:00 pm The Extremes 11/07/09 7:00 pm – 10:00 pm The Extremes 11/14/09 6:00 pm – 10:00 pm Benefit Classical Concert for Children’s Cove 12/13/09 4:00 pm - 8:00 pm Celtic Christmas

Christine Duren appeared for this application. There was discussion about their nearing the threshold of allowable one day events by Lt. Jason. Christine Ade will check the number.

A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to qpprove* the application of Cotuit Center for the Arts, 4404 Route 28, Cotuit, MA for 10 One Day Beer & Wine Licenses for the following events:

7/31/09 8:00 pm – 11:00 pm Duke Robillard Blues Band 8/08/09 5:00 pm – 8:00 pm Art Exhibit opening reception & James Wolf Exhibit 8/12/09 5:00 pm - 8:00 pm Fundraiser for Cape Cod Animal Hospital 9/03/09 7:00 pm - 11:00 pm Adrian Belew concert 9/24/09 5:00 pm – 8:00 pm CCftA Annual Meeting

9/12/09 5:00 pm – 8:00 pm Art Exhibit opening reception 10/10/09 4:30 pm - 6:30 pm Art Exhibit opening reception 11/06/09 7:00 pm – 10:00 pm The Extremes 11/07/09 7:00 pm – 10:00 pm The Extremes

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11/14/09 6:00 pm – 10:00 pm Benefit Classical Concert for Children’s Cove 12/13/09 4:00 pm - 8:00 pm Celtic Christmas

One Day Entertainment License: Application of Phil Landry on behalf of Hyannis Sound, Inc., for a one day entertainment licensed for a performance by Hyannis Sound, an a capella group of 10 and as many as 55 alumni to be held at Barnstable High School (Cultural Center), West Main Street, Hyannis, on August 1, 2009 from 5 pm to 11 pm. Phil Landry And Chris Ames appeared for this application. It is the 50th annual alumni show on 8/1. It is $15 for adults; $10 for Seniors and children. The times include cleaning after and setting up. The group came today and sang a song. Mr. Burman asked which auditorium – it is the larger one. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Phil Landry on behalf of Hyannis Sound, Inc., for a one day entertainment licensed for a performance by Hyannis Sound, an a capella group of 10 and as many as 55 alumni to be held at Barnstable High School, West Main Street, Hyannis, on August 1, 2009 from 5 pm to 11 pm. One Day Wine Only and One Day Entertainment License: Application of Cynthia D. Hall on behalf of Osterville Historical Society, 155 West Bay Road, Osterville, for a One Day Wine Only License and a One Day Entertainment License for a fundraising event on August 6, 2009 outside only on the museum grounds from 5 pm to 7 pm with a jazz band. No-one appeared for this application. Mr. Geiler said it is annual, never had a problem – and it is a short event. Mr. Hoxie stated he would be willing to hold a special meeting. He did not want to set a precedent to approve without attendance. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to hold the application of Cynthia D. Hall on behalf of Osterville Historical Society, 155 West Bay Road, Osterville, for a One Day Wine Only License and a One Day Entertainment License for a fundraising event on August 6, 2009 outside only on the museum grounds from 5 pm to 7 pm with a jazz band, and have a special meeting if need be so as not to set a precedent of approving anyone without their appearance before the board.. Sunday Entertainment License: Application of Heather Donnelly on behalf of MSPCA, for a One Day Entertainment License for its annual Walk for Animals event to be held at Aselton Park, Hyannis, on September 13, 2009 from 11 am to 2 pm. There will be a DJ with amplified music playing at the event. Continued from 7/6/09. Cathy Powers appeared for this application. It is an annual event which has been successful.

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A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Heather Donnelly on behalf of MSPCA, for a One Day Entertainment License for its annual Walk for Animals event to be held at Aselton Park, Hyannis, on September 13, 2009 from 11 am to 2 pm. There will be a DJ with amplified music playing at the event. One Day Beer and Wine License: Application of Olive Chase on behalf of The Casual Gourmet, 31 Richardson Road, Centerville for a One Day Beer & Wine License for a Business After Hours event on August 11, 2009 from 5 pm to 7 pm to be held outside in the garden at St. Mary’s Episcopal Church, 3055 Main Street, Barnstable, MA. Olive Chase appeared for this application. This event is being held in conjunction with St. Mary’s for the Chamber of Commerce. They have TIPS servers and liability insurance. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Olive Chase on behalf of The Casual Gourmet, 31 Richardson Road, Centerville for a One Day Beer & Wine License for a Business After Hours event on August 11, 2009 from 5 pm to 7 pm to be held outside in the garden at St. Mary’s Episcopal Church, 3055 Main Street, Barnstable, MA. New Common Victualler License: Application of Casual Gourmet, Inc., d/b/a Casual Gourmet Express, Cape Cod Mall, Hyannis, MA, Olive Chase, Manager, for a new Common Victualler License, hours of operation to be 9 am to 9 pm. Olive Chase appeared for this application and stated if she needs to sing for the application she is in trouble! Au Bon Pain held the space prior to this. The menu will be like what is at the hospital with a few additions. They will open at 8 am A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Casual Gourmet, Inc., d/b/a Casual Gourmet Express, Cape Cod Mall, Hyannis, MA, Olive Chase, Manager, for a new Common Victualler License, hours of operation to be 8 am to 9 pm. Transfer of Seasonal All Alcohol Common Victualler License, Daily Non-Live and Sunday Entertainment licenses: Application of Hyannis Management Associates, LLC, d/b/a Hyannis Harbor Hotel, 213 Ocean Street, Hyannis, Gary Scott, Manager, holding a Seasonal Common Victualler All Alcohol License and a Daily Non-Live and Sunday Entertainment License to transfer those licenses to Manny’s Dad, Inc., d/b/a Salty Cod, Timothy Gaudette, Manager. Tim Gaudette, proposed Manager, appeared for this application. No room service proposed. Mr. Gaudette has several years experience. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Hyannis Management Associates, LLC, d/b/a

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Hyannis Harbor Hotel, 213 Ocean Street, Hyannis, Gary Scott, Manager, holding a Seasonal Common Victualler All Alcohol License and a Daily Non-Live and Sunday Entertainment License to transfer those licenses to Manny’s Dad, Inc., d/b/a Salty Cod, Timothy Gaudette, Manager. Yearly Sunday Entertainment License: Application of Paul Mazzeo, Manager. Palio Pizzeria, Inc., 435 Main Street, Hyannis, MA, for a yearly Sunday Entertainment License for up to 2 acoustic entertainers from 5 pm to 8 pm. The Board was advised that Mr. Mazzeo requested to withdraw his application. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to dismiss the application of Paul Mazzeo, Manager. Palio Pizzeria, Inc., 435 Main Street, Hyannis, MA, for a yearly Sunday Entertainment License for up to 2 acoustic entertainers from 5 pm to 8 pm at the applicant’s request. Cape Cod Inn - on for closing out Show Cause Hearing: (from 1 year ago) Mr. Burman made a motion on 7/28/08 which was seconded by Mr. Sullivan and a unanimous vote taken to continue the Show Cause Hearing brought by the Barnstable Police Department that on May 26, 2008 at 9:57 p.m., VN Management Corp., d/b/a Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, did violate the Code of the Town of Barnstable, Massachusetts, Part V, Section 501-15, Paragraph D to wit, “no members of the public may be on the licensed premises at any time during suspension periods,” and further that “the licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises. (Dismiss without hearing if no further Ch 138 problems in the interim). There have been no complaints on record at Licensing Office so a letter was sent to the Manager telling him he need not appear. Dismissal was requested by Mr. Hoxie. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to dismiss the Show Cause Hearing brought by the Barnstable Police Department that on May 26, 2008 at 9:57 p.m., VN Management Corp., d/b/a Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, did violate the Code of the Town of Barnstable, Massachusetts, Part V, Section 501-15, Paragraph D to wit, “no members of the public may be on the licensed premises at any time during suspension periods,” and further that “the licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Junk Dealer:

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West Barnstable Trading Co. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of West Barnstable Trading Co. for renewal of its Junk Dealer License. Business Meeting: No agenda. Adjourned at 9:55 a.m. Respectfully submitted, _______________________________ _______________________________ Christine P. Ade, Recorder Gene Burman, Co-Chairman Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\N9Y64YM8\08-17-09 minutes.DOC


Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. August 17, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, August 17, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Dick Boy, Associate Commissioner, Thomas Geiler, Director of Regulatory Services and Licensing Agent, Patrolman Steve Maher, Liaison Officer from the Barnstable Police Department, and Christine Ade, Recording Secretary. Lt. JoEllen Jason was absent. Hearings: New Seasonal Daily Live, Non-Live & Sunday Entertainment Licenses: Application of Robin’s Nest Grill, Inc., d/b/a Eclectic Café, 606 Main Street, Hyannis, Robert Najarian, Manager, for Seasonal Daily Live amplified background music (up to 3 entertainers), Daily Non-Live and Sunday entertainment licenses, hours of entertainment to be 6 pm to 11:30 pm daily (live) and until 12:45 am (non-live). Mr. Rosario and Fred Williams, Manager, appeared for this hearing. He explained that they really would like to add music to their restaurant. They would like light jazz. It will be very easy listening; not to interfere with the neighborhood. Dr. Najarian could not be here as he had surgery this a.m. Mr. Burman asked about the apartments right there; they are aware that the sound needs to be contained. Mr. and Mrs. Joseph Chilli, building Landlords, also appeared in total support of this request. Mr. Chilli stated they have brought a positive image to their area. All the neighbors have accepted that they are asking for light music. They run a courtyard and dining room on a high level. They solicit the Board’s support. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Robin’s Nest Grill, Inc., d/b/a Eclectic Café, 606 Main Street, Hyannis, Robert Najarian, Manager, for Seasonal Daily Live amplified background music (up to 3 entertainers), Daily Non-Live and Sunday entertainment licenses, hours of live entertainment to be 6 pm to 11:30 pm daily (live) and until 12:45 am (non-live).




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Pledge of Annual All Alcohol Common Victualler License: Application of Colombo’s Café & Pastries, Inc., d/b/a Colombo’s, 544 Main Street, Hyannis, Martin P. Sadlemire, Manager, for a Pledge of the Common Victualler All Alcohol License to The Community Bank, 1265 Belmont Street, Brockton, MA. No one from Colombo’s appeared for this application. They are asking to pledge their license to Community Bank. Mr. Hoxie requested to continue the application of Colombo’s Café & Pastries, Inc., d/b/a Colombo’s, 544 Main Street, Hyannis, Martin P. Sadlemire, Manager, for a Pledge of the Common Victualler All Alcohol License to The Community Bank, 1265 Belmont Street, Brockton, MA, to 9/21/09. New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses: Application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses. Mr. Hoxie reported that Attorney Doug Murphy requested a continuance on this hearing in writing. Mr. Hoxie stated we will continue the application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses to 9/21/09 without the need for re-advertising. Business Meeting: Mr. Sullivan asked Officer Maher how things were going on the streets. Officer Maher said it has been busy. Mr. Hoxie asked about any noise complaints – Officer Maher said there were some – Embargo and Trader Ed’s. He then advised that It was addressed with each and they were very cooperative and the problems have been resolved. Mr. Burman stated that most of the licensed holders are trying very hard to stay within Town regulations. He indicated further that it showed us that the sting operation we conducted helped to keep people in compliance even though there was a lot of flack about the days the suspensions were imposed. It was also stated that some of the establishments may be holding their own “stings” among each other – none of them want the underage drinkers there. Mr. Sullivan commended Steve and JoEllen for the good job they are doing for the town. Officer Maher thanked him for his praise. Mr. Hoxie asked if anyone as aware that the former chairman of the ABCC (Eddie Jenkins) has left; Mr. Geiler said he will check the website to see if someone new is

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listed. Ms. Ade added she checks it regularly for new information and has seen nothing yet. Meeting was adjourned at 9:44 a.m. Respectfully submitted, __________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. September 21, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, September 21, 2009. Acting Chairman Gene Burman called the meeting to order at 9:30 A.M. He introduced Paul Sullivan, Clerk; Dick Boy, Associate Commissioner, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recorder. Chairman Martin Hoxie and Tom Geiler were absent. Hearings: 7 One Day Beer & Wine Licenses and 7 One Day Entertainment Licenses: Application of Pamela Brimmer on behalf of the German-American Club of Cape Cod, P.O. Box 187, Hyannis, for 7 One Day Beer & Wine and 7 One Day Entertainment Licenses for their non-profit dinner dances at the Fraternal Lodge, Route 28, Centerville, MA on the following dates, all from 5:30 pm to 10:30 pm: 10/10/09, 12/12/09, 1/9/10, 2/13/10, 4/10/10, 5/8/10 & 6/14/10. Former President and Board Member Charles Fernhofer appeared for the applications. There are seven events. These have been held a number of years. Last year they could not have them. They cater to the mature set. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Pamela Brimmer on behalf of the German-American Club of Cape Cod, P.O. Box 187, Hyannis, for 7 One Day Beer & Wine and 7 One Day Entertainment Licenses for their non-profit dinner dances at the Fraternal Lodge, Route 28, Centerville, MA on the following dates, all from 5:30 pm to 10:30 pm: 10/10/09, 12/12/09, 1/9/10, 2/13/10, 4/10/10, 5/8/10 & 6/14/10. Mr. Burman added that they must obtain their alcohol from a licensed wholesaler. They are hosting an international event in November in Yarmouth. One Day Beer & Wine License: Application of Mary DeBartold, 30 Champlain Road, Orleans on behalf of Slow Food of Cape Cod, at Cape Cod Organic Farm, 3675 Main




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St., Barnstable, for a One Day Beer & Wine License on Sunday, September 27, 2009 from 3 pm to 6 pm. Mary Lynn Kilely appeared for the application. It is a celebration of harvest. On Sunday the closing element of the celebration is a farm to table dinner at which they want to serve beer and wine. It is a fund raising event. The dinner is $75. for five courses (there are 7 chefs participating). A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Mary Lynn Kiley, 30 Champlain Road, Orleans on behalf of Slow Food of Cape Cod, at Cape Cod Organic Farm, 3675 Main St., Barnstable, for a One Day Beer & Wine License on Sunday, September 27, 2009 from 3 pm to 6 pm. New Junk Dealer License: Application of Framco Inc., d/b/a Jewelcraft, 585 Main Street, Hyannis, Gary Framson, Manager, for a new Junk Dealer License, hours of operation to be 10 am to 6 pm. Gary Framson appeared. He has been doing business as a retail jeweler for 34 years. He said that he will be buying gold. Mr. Burman asked about him being familiar with the regulations. The license should read until 9 pm 10 – 9 and it is 10-6 after summer ends. It is 7 days per week. Mr. Burman stated that the legislature names this license – it is the same license held by fine jewelers. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Framco Inc., d/b/a Jewelcraft, 585 Main Street, Hyannis, Gary Framson, Manager, for a new Junk Dealer License, hours of operation to be 10 am to 6 pm off season and 10-9 in season, all 7 days per week. New Junk Dealer License: Application of Julie Fagin, d/b/a Goldfinger, 64 Enterprise Road, Hyannis, MA, Julie Fagin, Manager, for a Junk Dealer License, hours of operation 10 am to 5 pm, Monday to Saturday. Julie Fagan appeared for Goldfinger – they have been in business since the early 70’s. They have been on Enterprise Road for 8 years. They are now buying gold and want to be able to do so properly. Mr. Burman asked for comments. There were none. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Julie Fagin, d/b/a Goldfinger, 64 Enterprise Road, Hyannis, MA, Julie Fagin, Manager, for a Junk Dealer License, hours of operation 10 am to 5 pm, Monday to Saturday. Change of Manager: Application of Pacific Bay, Inc., d/b/a Tiki Port, 712 Iyannough Road, Hyannis, MA, Dong P. Wong, Manager for a Change of Manager on the All Alcohol Common Victualler License to Wai Fai Mah.

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Mrs. Wong appeared for the application. She is the widow of the prior manager. The new manager has been with the restaurant for over 30 years. Mr. Burman asked for comments. There were none. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Pacific Bay, Inc., d/b/a Tiki Port, 712 Iyannough Road, Hyannis, MA, Dong P. Wong, Manager for a Change of Manager on the All Alcohol Common Victualler License to Wai Fai Mah. New Lodging House: Application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 80 Yarmouth Road, Hyannis with 8 rooms, 10 lodgers maximum. Mr. Bourgeois appeared for his application. Ms. Ade confirmed that Building and Health have approved 8 rooms and 10 lodgers. Mr. Bourgeois stated he is putting his heart and soul into these properties. Mr. Sullivan asked about the 2 extra people for the lodging rooms. One of the rooms is two people. Mr. Sullivan confirmed with Ms. Ade that building and health have approved these. Ms. Ade added that A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 80 Yarmouth Road, Hyannis with 8 rooms, 10 lodgers maximum. New Lodging House: Application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 18 Quaker Road, Hyannis with 6 rooms maximum. Christine Ade informed the Board that according to Tim O’Connell, Health Inspector and Ralph Jones, Building Inspector, they have inspected the 6 rooms and would allow a maximum of 7 lodgers. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 18 Quaker Road, Hyannis with 6 rooms, 7 lodgers maximum. New Lodging House: Application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 164 Main Street, Hyannis with 4 rooms maximum and 6 lodgers. Christine Ade informed the Board that according to Tim O’Connell, Health Inspector and Ralph Jones, Building Inspector, they have inspected the rooms and there are existing only 4 rooms and they would allow 6 lodgers maximum.

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A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 164 Main Street, Hyannis with 4 rooms and 6 lodgers maximum. New Lodging House: Application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 156 Main Street, Hyannis with 15 units maximum and 24 lodgers. Christine Ade informed the Board that according to Tim O’Connell, Health Inspector and Ralph Jones, Building Inspector, they have inspected the rooms and there are 15 units, not 10 and they would allow a maximum of 24 lodgers. Lt. Jason asked about a manager being on premises; Mr. Bourgeois stated there is. Things are changing radically for the better according to Mr. Burman, whose office is next door. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Our Child LLC, d/b/a Bass River Properties, Ronald Bourgeois, Manager for a new Lodging House License at 156 Main Street, Hyannis with 15 units and 24 lodgers maximum. New Junk Dealer License: Application of Marat Hunanyan, d/b/a More for Less, 640 Main Street (first floor middle), Hyannis, MA, Marat Hunanyan, Manager, for a Junk Dealer License, hours of operation 10 am to 6 pm. Mr. Hunanyan appeared for the application for 7 days per week., 10 am to 6 pm. Marat is the owner of the store. They were open for 3 months and found out they needed a license to operate. It is a consignment shop. It is not just furniture. Mr. Sullivan stated this is a new operation and wanted to make sure they have the new regulations for junk dealers. He has no employees. He has been closed almost 2 months waiting for this hearing. Sgt. John Murphy gave a brief background. On 8/12 they served a search warrant for receiving stolen property. Brewster and Yarmouth told them they were biuying G{S, cell phones, video games, etc. and observed Marat purchasing a cell phone in a parking lot. Based on a search warrant lots of items were identified as stolen property. He stated the investigation is still active. He is not opposing the license; just wants to make sure he complies with the regulations and understands them. Det. Sgt. Murphy referred to a packet provided at the meeting to the commissioners about stolen goods. Selling 19 GPS units (a 19 year old) should have raised some red flags with the owner. They are being cooperative and assisting the BPD. Sgt. Murphy asked for a continuance to the next hearing so he can oppose it or approve it. By then the criminal matter should be resolved. Mr. Sullivan was not aware of the background – has not had a chance to look at the paperwork but agrees to the continuance until 10/5/09.

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Sgt. Murphy stated that because of the Shriver and Kennedy funerals and the Pufferbellies shooting he would request the meeting be continued to 10/26. Mr. Sullivan stated in no way does he want to move forward without Sgt. Murphy’s recommendations. Mr. Burman asked if it is his opinion that the problems were caused by lack of knowledge rather than intent? Sgt. Murphy stated that this place came to their attention because of a rash of breaking into cars and sales and advertising on Craigs List of similar items by More for Less. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to continue the application of Marat Hunanyan, d/b/a More for Less, 640 Main Street (first floor middle), Hyannis, MA, Marat Hunanyan, Manager, for a Junk Dealer License, hours of operation 10 am to 6 pm to October 26, 2009 so that the police department can make a recommendation. Ms. Ade advised the board that this individual did pass the CORI check which is now being conducted on all new junk dealer applicants. Pledge of Annual All Alcohol Common Victualler License & Change of Manager: Application of Colombo’s Café & Pastries, Inc., d/b/a Colombo’s, 544 Main Street, Hyannis, David Colombo, Owner, for a Pledge of the Common Victualler All Alcohol License to The Community Bank, 1265 Belmont Street, Brockton, MA, and Change of Manager to Thomas J. Fantom. Mr. Fantom and Mr. Colombo appeared for this application. Dave Colombo as owner stated he is here for the pledge to Community Bank and for change of Manager to Mr. Fantom, who has been with them since the day they opened. He works one day and five nights. He has shown professionalism and respect. He respects the law and plays by the rules. They are confident in his managing skills. He has been pouring a long time. He [personally serves about 70% of the alcohol in the restaurant. No questions were posed to the applicant. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Colombo’s Café & Pastries, Inc., d/b/a Colombo’s, 544 Main Street, Hyannis, David Colombo, Owner, for a Pledge of the Common Victualler All Alcohol License to The Community Bank, 1265 Belmont Street, Brockton, MA. A second motion made to approve the Change of Manager to Thomas J. Fantom, which was also duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the Change of Manager to Thomas J. Fantom. New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses: Application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol

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Common Victualler, Daily Non-Live and Sunday Entertainment Licenses. Continued from 8/17/09. Attorney Ron Jansson appeared for this application. Gene Burman read the application. He stated that both he and Dick Boy served with Mr. Jansson on the Zoning Board and there is no collusion of conflict of interest. He asked the public to come forward if it believed there was a conflict. No-one came forward. Mr. Tom Lapsley appeared with his so he could answer any questions. Attorney Jansson stated he had presented the Board with a spiral notebook. Mr. Burman stated that with the advice of Town Counsel he wanted to continue this application as being confusing. He would like our Director of Regulatory Services present. Mr. Burman recommended it be continued to October 5. Attorney Jansson stated the original application was made by New Barolo. He would like to submit new hours to the Board of opening at 4 pm rather than noon until 1 am daily. He advised that nothing else had changed from the original application except that they amended question 14 on the ABCC form. Paul Sullivan stated that all entertainment, old and new, has been standardized to end at 12:45 not 1:00 am. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to continue the application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses to the October 5, 2009 Hearing to 10/5/09. New Annual Common Victualler License: Application of Joe Jamiel – Celebrity Liquors, d/b/a Ardeo at the Rink, 141 Bassett Lane, Hyannis, MA, Marshall DiCarlo, Manager, for a New Common Victualler License at the skating rink, the hours of operation to be 2:00 pm to 8:00 pm. Mr. Jamiel appeared for the application, which is a daily license. Saturdays and Sundays it is 6 am opening – Mr. Burman suggested it be changed on the license. Mr. Jamiel has stated he is very happy to be a part of the Community Center. Mr. Burman indicated his corporate name is Celebrity Liquors and wanted to make it clear this was not a license including alcohol. Mr. Jamiel stated that is his corporate name for 30 years and he does not want alcohol. Mr. Sullivan stated this is one off the most professional applications we have seen. Lynne Poyant, Director of Community Services, stated that Mr. Jamiel participated in the RFP process for this concession. She stated this will be a spectacular addition to the new facility. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Joe Jamiel – Celebrity Liquors, d/b/a Ardeo at the Rink, 141 Bassett Lane, Hyannis, MA, Marshall DiCarlo, Manager, for a New Common Victualer License at the skating rink, the hours of operation to be 2:00 pm to 8:00 pm, and Saturday and Sunday from 6 am.

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Alteration of Premises: Application of Tommy Doyle’s of Hyannis LLC, d/b/a Tommy Doyle’s, d/b/a Tommy Doyle’s Irish Restaurant & Pub, 334 Main Street, Hyannis, MA, Jason Irving, Manager, for a change in license description to add the following: “Outside dining in front of the restaurant for 5 tables and 20 seats,” and amendment of its Automatic Amusement Device License for 3 additional video games. Jason Irving, Manager, appeared for the application. Christine Ade asked that the additional request be read into record for amendment to the Auto Amusement License to add 3 video games. Mr. Irving stated the outside dining will be contained. In addition to the video games he is asking for air hockey and a pool table. Christine Ade stated they would have to request the pool table license at another hearing – it is a separate license. Officer Maher asked what times the outside dining would operate – it will be until closing for the alcohol but 10 pm for food. Officer Maher stated several other establishments go to 1 am with alcohol on Main Street. Mr. Burman asked if they are a restaurant or a nightclub? Mr. Irving stated right now they are busier for alcohol but they are planning to improve the proportion of food sales. Mr. Sullivan asked the percentage of alcohol to food – he stated it is approximately 70% /30%. Officer Maher proposed an earlier alcohol closing time as there are so many people. Mr. Irving stated they monitor very heavily with cameras, etc. Officer Maher stated there is a potential for misuse of this area late at night. Mr. Burman stated it is not easy to control the area late at night with so many people. Mr. Burman asked about the pool table he mentioned; Mr. Irving stated they might not even go forward with that application. The change of seating would also apply if the pool table was added – it would diminish the capacity for the restaurant. Their back outside area does serve until 1 am now. Mr. Sullivan stated that if they have the back one until 1 it would be a good idea to close the front one at 11. Mr. Irving stated the front one is more for dining anyways. He has no problem with 11 closing for this patio. Mr. Burman is concerned with the capacity issue – the additional 20 seats outside would not be in addition to the seats inside…so the capacity remains the same. Officer Maher stated he needs to make sure in inclement weather that the inside stays small enough so the outside people could come in and not exceed the total. The julebox shows videos as well. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Tommy Doyle’s of Hyannis LLC, d/b/a Tommy Doyle’s, d/b/a Tommy Doyle’s Irish Restaurant & Pub, 334 Main Street, Hyannis, MA, Jason Irving, Manager, for a change in license description to add the following:

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“Outside dining in front of the restaurant for 5 tables and 20 seats to be from 11 am to 11 pm,” and 2 video games, a jukebox and an air hockey game. Show Cause Hearing: Show Cause hearing will be held at the request of the Barnstable Police Department for RCSJ Group, Inc., d/b/a Fresh Ketch, 460 Main Street, Hyannis, Raymond C. Roy, Manager, for violation of the Town of Barnstable Code Chapter 501-8 to wit: “It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times.” The Police Department will provide testimony as to May 24, 2008, June 1, 2008, July 5, 2008 and August 22, 2008. A violation was also reported for October 9, 2008 with regard to Town of Barnstable Code Chapter 501-10B to wit: “No entertainment at the licensed premises may be conducted in such a manner that the noise from the entertainment can be heard outside the boundaries of the premises.” Continued from 5/18/09. Raymond and Steven Roy appeared for the continued Show Cause Hearing. Officer Maher stated that there have been no problems with Fresh Ketch. Raymond Roy stated they did away with their bands – all they did was karaoke all season. They did this as that was what the board had asked in May. They requested the hearing be dismissed at this time. Mr. Sullivan directs it to Steve; he had a long list ending October 2008. He had a different opinion on what he would do today until he heard testimony today. Officer Maher stated there have been no issues with Fresh Ketch. The hearing was continued in the first place just to see how it went during the summer. A motion was made by Mr. Sullivan to dismiss this. Mr. Burman stated he would like to see us file the charges for now and take no action. Officer Maher stated that it was continued to date because there were so many charges he recommends findings of guilty but no penalties imposed as the restaurant has cooperated so well with the BPD. Mr. Sullivan proposed findings of guilty on all of the above violations. That the police had made the manager aware of the complaints but they continued over that period of time. The motion was seconded by Dick Boy and a unanimous vote taken to find them guilty of the findings. A motion was made by Paul Sullivan that the findings above be placed on file and no penalties be imposed on the findings. This was seconded by Dick Boy and a unanimous vote taken to issue no penalties and file the charges. Business Meeting: ABCC Seminars for Licensing Boards in October. Get count of attendees to register on-line. Lt. Jason, Officer Maher, Dick Boy and Christine Ade as well as Tom Geiler plan to attend. Martin Hoxie, Gene Burman and Paul Sullivan cannot attend.

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A complaint was filed on a Class II Auto Dealer for a possible Show Cause Hearing. The BPD will look into it and the Board will read the paperwork – Lt. Jason stated this is a civil matter and perhaps the problems could be noted in the file and the license not automatically renewed for next year. Christine Ade represented that the complainant only wanted this known to the Authority so that if the dealer did not pay him as he promised to do that he could represent to him that he had made a formal complaint to the Authority - hoping that it would give him some leverage in getting satisfaction. Motion by Paul Sullivan to adjourn at 10:48 am. Seconded by Dick Boy. ___________________________________ ________________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. October 5, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, October 5, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. Mr. Hoxie indicated that Paul Sullivan, Clerk; Dick Boy, Associate Commissioner and Gene Burman, Vice Chairman, were absent; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary were present. Due to the fact that there is not a quorum today, Mr. Hoxie called a Special Meeting to be held on Thursday, October 8, 2009 at 9:30 a.m., for the five items on this agenda: New Junk Dealer License: Application of Silva Jewelers, Inc., 863 Main Street Osterville, MA, Richard Silva, Manager, for a Junk Dealer License, hours of operation 9am to 5 pm, Monday – Saturday. New Class II Auto Dealer License: Application of First Class Automotive, Inc., d/b/a Argus Auto Sales, 119B Thornton Drive, Hyannis, Roberto Gustavo Rios, Manager, for its Class II Auto Dealer License, with a maximum of 12 total vehicles. Change in Premises Description and Daily Live and Sunday Entertainment Licenses: Application of R & Y Enterprises, Inc., d/b/a Ying’s Sushi Bar & Lounge , 59 Center Street, Hyannis, MA, Tanida Suriyawong, Manager, for a change in license description to the following: “59 Center Street, Hyannis with 2 entrances/exits to parking lot and 1 entrance/exit at rear from kitchen. First room seating 38. Bar seating for 9. Second Room seating 32. Sushi bar seating for 6. Maximum interior seating 85. Exterior patio seating 26.” They are additionally applying for a Daily Live and Sunday Entertainment License for a maximum of 3 entertainers from 5 pm to 12:45 each day. New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses: Application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses. Continued from 8/17/09 and 9/21/09.




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Change of D/B/A & Street Number on License: Request of Sabino C. Barroso, d/b/a Restaurante Prato Per Feito Padaria & Pizzaria, 41 Iyannough Road, Hyannis, Sabino C. Barroso Manager, for a change of d/b/a to Sabino’s Restaurant & Family Pizzaria and change of the street number on the license to 55 Iyannough Road from 41 (Town Engineering Dept. now lists it as 55). He advised that the applicants will be contacted if the location changes from the Hearing Room. Richard Silva came forward and advised he is not here on the 8th – his application for Silva Jewelers, Inc. will be continued to October 26, 2009. The hearing was adjourned at 9:34 a.m. _________________________________ _______________________________ Christine P. Ade, Recorder Martin Hoxie, Chairman Barnstable Licensing Authority Barnstable Licensing Authority

C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\N9Y64YM8\10-08-09 special hearing minutes.DOC

BARNSTABLE LICENSING AUTHORITY LICENSING SPECIAL HEARING MINUTES

Town Hall, 367 Main Street, 2nd Floor Selectmen’s Conference Room, Hyannis, MA – 9:30 a.m. October 8, 2009

A special meeting of the Barnstable Licensing Authority was held on Monday, October 5, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. Mr. Hoxie introduced Gene Burman, Vice-Chairman: Paul Sullivan, Clerk; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Patrolman Steve Maher, Liaison Officer from the Barnstable Police Department, and Christine Ade, Recording Secretary were present. Lt. JoEllen Jason was absent. All items on the agenda for today were continued from October 5, 2009 as there was not a quorum present that day. New Class II Auto Dealer License: Application of First Class Automotive, Inc., d/b/a Argus Auto Sales, 119B Thornton Drive, Hyannis, Roberto Gustavo Rios, Manager, for its Class II Auto Dealer License, with a maximum of 12 total vehicles. Mr. Rios appeared to change his license to add two more names to the business – they formed a corporation. There are now 3 owners. This is the only change. Officer Maher said that the Police Dept. received a complaint that vehicles for sale were at a Mobil Station on 132. The two new owners work at that place – they did not know they could not use that place. Officer Maher reiterated they can only sell cars where they are licensed. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of First Class Automotive, Inc., d/b/a Argus Auto Sales, 119B Thornton Drive, Hyannis, Roberto Gustavo Rios, Manager, for its Class II Auto Dealer License, with a maximum of 12 total vehicles. Change in Premises Description and Daily Live and Sunday Entertainment Licenses: Application of R & Y Enterprises, Inc., d/b/a Ying’s Sushi Bar & Lounge , 59 Center Street, Hyannis, MA, Tanida Suriyawong, Manager, for a change in license description to the following: “59 Center Street, Hyannis with 2 entrances/exits to parking lot and 1 entrance/exit at rear from kitchen. First room seating 38. Bar seating for 9. Second Room seating 32. Sushi bar seating for 6. Maximum interior seating 85.




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Exterior patio seating 26.” They are additionally applying for a Daily Live and Sunday Entertainment License for a maximum of 3 entertainers from 5 pm to 12:45 each day. No-one from Ying’s was present. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to continue the application of R & Y Enterprises, Inc., d/b/a Ying’s Sushi Bar & Lounge, 59 Center Street, Hyannis, MA, Tanida Suriyawong, Manager, for a change in license description to the following: “59 Center Street, Hyannis with 2 entrances/exits to parking lot and 1 entrance/exit at rear from kitchen. First room seating 38. Bar seating for 9. Second Room seating 32. Sushi bar seating for 6. Maximum interior seating 85. Exterior patio seating 26” to October 26, 2009. A second motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to continue the application of R & Y Enterprises, Inc., d/b/a Ying’s Sushi Bar & Lounge , 59 Center Street, Hyannis, MA, Tanida Suriyawong, Manager, for Daily Live and Sunday Entertainment License for a maximum of 3 entertainers from 5 pm to 12:45 each day to October 26, 2009. New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses: Application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol Common Victualler, Daily Non-Live and Sunday Entertainment Licenses. Continued from 8/17/09, 9/21/09 and 10/5/09. Attorney Ron Jansson and his client, Thomas J. Lapsley, Manager appeared for this application. The corporation is New Barolo, Inc. The property is at 297 North Street. There are several offices and businesses at this property. Restaurant use is allowed as a matter of right. He referred to the sign-off from the Building Commissioner for a restaurant (has been one since 1994). The prior owner was seriously ill and they were forced to close down. The Bornstein family owns the building in a partnership First floor unit and basement prep area. The floor plan is similar to that in the past. It has 146 seats inside and 25 outside (seasonal only). No proposed increase in seating. Planters enclose the outside dining area – for full service restaurant use. There will also be signage outside that indicates they must stay in the area with their drinks and food. Bar inside has 15 seats. This is not intended to be a sports bar but an upscale bistro, restaurant. Hours submitted were 8 to 1 but they propose opening at 4 pm to 1 and Sundays 4 pm to midnight. Appetizers $8-$15, entrees $40 average. Waitstaff white shirt and tie. Esthetic renovations ongoing. Target date to open was 10/15. Would appreciate the Board expediting this if it can. They will have a full security system with remote monitoring and digital recording for 30 days. Cameras will observe patrons and employees. Approximately ½ the employees will be TIPS certified; executive chef has considerable experience. Property is leased and includes all the equipment above and beyond the lease rent. The client has paid significant funds to the landlord and is guaranteed personally by Mr. Lapsley. The original lease was guaranteed by Robert Bradley; Mr. Lapsley has disassociated with Mr. Bradley, who will now not be

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associated at all – the Bornstein’s have released Mr, Bradley as well. The initial application was misleading although not intended to be. The application was amended questions 14c – f. Interest in prior licenses – NSF Entertainment. License granted for Asa Bearse; Mr. Lapsley resigned BEFORE the license went into effect. He was not involved when the license issued. The revised application shows this. He additionally ran a bar and grill in New Mexico some years ago – Tommy’s Bar & Grill. He was not the owner – he leased the license (which is allowed in NM). The license was seized by the IRS due to withholding taxes due. The IRS resolved the issue and all taxes have been paid in full. Mr. Lapsley will be the manager on the new license and sole owner, director and officer. New Barolo, Inc. is a Mass. Corp. He is also a citizen. The business name will continue to be called Barolo. Business Certificate filed at Clerk’s Office. This site seems to be suitable as a restaurant site and the applicant, sole owner, is a proper person to obtain the license. Mr. Hoxie stated that the resume indicates experience since 1984 by Mr. Lapsley. Mr. Hoxie asked again if anyone else has direct or indirect financial interest. Mr. Lapsley stated he is now the SOLE stockholder, owner. He had thought to bring Mr. Bradley in with him as a friend but has changed his mind as Mr. Bradley could not come up with any monies. Mr. Bradley has helped him out to get up and operating and has been paid to do that. The lease if for 5 years with 2 more 5 year options. Mr. Burman stated Attorney Jansson gave a superb presentation. He asked what a state of the art security system was; Attorney Jansson said it is a digital system to allow monitoring anywhere on a laptop by the manager or others. It also allows for the storage of data up to 40 days. It can be looked at later if need be. Mr. Burman asked about the music speakers are all inside; there are apartments in the area. Attorney Jansson advised the speakers are in the ceiling and the same ones as have been there – none outside. Mr. Lapsley has entertained the option to have 2 small speakers outside. Mr. Burman stated that this could present a problem. Mr. Burman asked who will be the onsite manager? Mr. Lapsley stated he will be with the Executive Chef and bar manager, Christine. Mr. Burman has grave concerns because of Mr. Bradley and violations in Mr. Lapsley’s past license. He stated the site is no problem or concern. Mr. Lapsley stated the service to minor was in 1993 – it turned out minors were not allowed there after 11 pm. Also a bartender or waitress had a drink after hours. Mr. Lapsley stated he was unaware of the 11 pm timeframe. Mr. Burman asked what he has done since 2000? He stated his son was born 2000; wife traveling for work – Mr. Lapsley was a stay at home Dad; attended law school at night. Mr. Burman asked about the outdoor area. Attorney Jansson stated the planters enclose the patio for the outdoor seating. It has in the past been used for the same purpose. Mr. Sullivan stated it needs to be supervised well so that there is no problem. Mr. Lapsley stated the only people who will be seated there are diners seated by a hostess. Mr. Sullivan asked about the Town Rules and Regulations and whether he has read it and is familiar with it. Mr. Lapsley stated he has it and has reviewed it thoroughly.

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Mr. Burman again referred to the courtyard area and in the lease it says 400 square feet – which they believe is not the patio. The prior tenants used it. Ed McKay is here for Mr. Bornstein this morning. For the past 7 months they have looked for somebody of quality to run this operation. It is difficult to get people to invest in this economy. After meeting with several applicants they determined Mr. Lapsley has the background and finances to take this on. The outside operation is included if the Licensing Board approves it. It is in a commercial location and no residences in that courtyard. Most all of it is vacated at 5 pm. An occasional lawyer works at night. The applicant has hired an excellent chef and they are offering a top quality product to the Cape. The menu shows it to be upscale as you can see by the prices. It will not attract youth. He recommends we grant this license. Mr. Sullivan had one further inquiry – Attorney Jansson asked about the experience of the bartender – Christina Greene. She was bar manager at Embargo and recently the place 2 doors from the Black Cat. Mr. Hoxie asked how many locals will be hired – to date Mr. Lapsley stated 6 locals and all of the waitstaff (12) all from the Cape. The only off Cape people are Mr. Lapsley and the chef. Mr. Burman asked about barriers on outdoor area? Mr. Lapsley stated there are planters which will be increased in number to create more of a barrier. This area by time of opening will have security. Officer Maher only noticed that the lease does not cover the patio area. Mr. Burman stated that at a quick glance section 102 does cover a wide area. Mr. Bornstein’s representative stated they would amend the lease if need be to name this area in an amendment from the Lessor. Attorney Jansson thinks 102 does give him permission although not specified directly. Christine Ade brought up the fact that the applications go to the ABCC within 3 days and if they do decide to ask for an amended lease it would be needed at Licensing asap. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of New Barolo, Inc., d/b/a Barolo, 297 North Street #2, Hyannis, MA, Thomas J. Lapsley, Manager, for a New Annual All Alcohol Common Victualler License hours of operation 11 am to 1 am; Daily Non-Live and Sunday entertainment from 4 pm to 12:45 am, 146 seating indoors and 25 additional seats outside. Change of D/B/A & Street Number on License: Request of Sabino C. Barroso, d/b/a Restaurante Prato Per Feito Padaria & Pizzaria, 41 Iyannough Road, Hyannis, Sabino C. Barroso Manager, for a change of d/b/a to Sabino’s Restaurant & Family Pizzaria and change of the street number on the license to 55 Iyannough Road from 41 (Town Engineering Dept. now lists it as 55). Sabino Barroso appeared for his application. He has been open for seven years. All he wants is to change the restaurant name and street number address as the Engineering Dept. has changed it to 55 Iyannough Road, Hyannis. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Sabino C. Barroso, d/b/a Restaurante Prato Per Feito Padaria & Pizzaria, 41 Iyannough Road, Hyannis, Sabino C. Barroso Manager, for a change of d/b/a to Sabino’s Restaurant & Family Pizzaria

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and change of the street number on the license to 55 Iyannough Road from 41 (Town Engineering Dept. now lists it as 55). Mr. Hoxie asked again if anyone was present for Ying’s; Mr. Hoxie continued the hearing to 10/26/09. The hearing was adjourned at 10:19 a.m. Mr. Geiler stated that any questions on the ABCC Seminar handout can be addressed at the next meeting. _________________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Barnstable Licensing Authority Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. October 26, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, October 26, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Dick Boy, Associate Commissioner, Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Paul Sullivan, Clerk, was absent. Hearings: One Day Wine Only License: Application of Angela Cenzalli, on behalf of St. Mary’s Church, 3055 Main Street, Barnstable, for a One Day Wine Only License for a wine and cheese tasting to be held on Sunday, November 15, 2009 from 4 pm to 6 pm. Angela Cenzalli was present for this application. She stated she thinks all their documentation is in order with Building and Fire. No questions were posed by the Commissioners. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Angela Cenzalli, on behalf of St. Mary’s Church, 3055 Main Street, Barnstable, for a One Day Wine Only License for a wine and cheese tasting to be held on Sunday, November 15, 2009 from 4 pm to 6 pm. Mr. Burman stipulated for the record that they must obtain their beverages from a licensed wholesaler. One Day All Alcohol & One Day Entertainment Licenses: Application of Jerry L. DePalma on behalf of Barnstable-Yarmouth Lions Club, 60 Bog River Road, Mashpee, for a One Day All Alcohol License and One Day Live Entertainment License for a Dance Concert with Lenny Baker from Sha Na Na with the Spellbinders and Rockin’ Bob Collins to be held on Saturday, November 7, 2009 from 7 pm to 11 pm at St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville. Proceeds will be donated




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for scholarships at Barnstable High School and eye and hearing care and other community causes. Mr. DePalma appeared for this application. He has been a Lions Club member for 30 years. This is their first time in Barnstable but not their first event. They have met all requirements and the church will have a police presence and they will have licensed servers on premises. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Jerry L. DePalma on behalf of Barnstable-Yarmouth Lions Club, 60 Bog River Road, Mashpee, for a One Day All Alcohol License and One Day Live Entertainment License for a Dance Concert with Lenny Baker from Sha Na Na with the Spellbinders and Rockin’ Bob Collins to be held on Saturday, November 7, 2009 from 7 pm to 11 pm at St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville. Mr. DePalma stated that proceeds will be donated for scholarships at Barnstable High School and eye and hearing care and other community causes. Mr. Burman stated that all beverages must be purchased from a licensed wholesaler. New Junk Dealer License: Application of Marat Hunanyan, d/b/a More for Less, 640 Main Street (first floor middle), Hyannis, MA, Marat Hunanyan, Manager, for a Junk Dealer License, hours of operation 10 am to 6 pm. Mr. Hunanyan came forward for his application. He was here a month ago but Sgt. Murphy asked for an extension to this hearing to resolve an open court case. Mr. Hoxie asked how many days he would be open – he stated 7 days per week. Mr. Hunanyan stated he has been calling Sgt. Murphy every day but has had no response from him so is not sure what Sgt. Murphy is thinking about this. Mr. Burman asked if he was aware of all the Town rules and regulations. Mr. Hunanyan stated he is. Mr. Burman asked when he became aware – Mr. Hunyanan said he became aware when the detectives came to his store and he did not have a license. He said Officer Steven Maher explained the police reporting part of it; he apologized for operating without a license; did not know he needed one. Mr. Burman stated he is concerned about this person’s acceptance of stolen goods – Mr. Hunyanan stated he does believe he is a proper person to run the business – did not know the items were stolen - he is there 7 days per week. He leases the property. His partner only comes around sporadically. Ptl. Maher has met him as well. Sgt. John Murphy appeared for Barnstable Police Department. He apologized for being tardy. Mr. Hoxie stated the applicant has advised the Board that he now knows the rules and regulations and apologized for his mistakes. Sgt. Murphy said he has been

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working with the District Attorney on the stolen goods case. He does not oppose granting the license, but asks for a probationary license for perhaps 3 months and for the applicant to come back to get it approved later. He also stated that the D.A. does not have a strong case that the applicant knowingly accepted stolen goods – Sgt. Murphy stated he now believes the applicant was naïve – not criminal, and is not experienced in the drug culture. He purchased the stolen items from what he believed was a clean cut person in a Lincoln Navigator – thinking it was a person of means. Sgt. Murphy stated he believes the cooperation and respect he has shown during the last month deserves a second chance. Mr. Hoxie asked that the license be issued until April 30. That way it could be handled at renewal time should there be a problem. Mr. Burman thanked Sgt. Murphy for his recommendation and agreed with him. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Marat Hunanyan, d/b/a More for Less, 640 Main Street (first floor middle), Hyannis, MA, Marat Hunanyan, Manager, for a Junk Dealer License, hours of operation 10 am to 6 pm, seven days per week, license to expire 4/30/10. Change of Hours: Application of Shanghai Chinese Restaurant, Inc., 11 Ridgewood Avenue, Hyannis, MA, Henry Yang, Manager, for a Change of Hours from 11:00 pm closing (a rollback of hours imposed on 12/8/08) to 12:30 am closing, 7 days a week. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to deny the application of Shanghai Chinese Restaurant, Inc., 11 Ridgewood Avenue, Hyannis, MA, Henry Yang, Manager, for a Change of Hours from 11:00 pm closing (a rollback of hours imposed on 12/8/08) to 12:30 am closing, 7 days a week. Continued from 6/22/09. Attorney Robert Mills appeared with Henry Yang and Lucy Gow and their niece Cici, who is bilingual. They request a change of hours to midnight, not 12:30. Since the rollback it has impacted their ability to make a good living. A lot of the problems stem from the area where they are located. He expects that if they were located on Main Street they would not be here today. Particularly Friday and Saturday nights he stated that from now on they would have someone at the door from 9-12 and that might be a big help. Cici said she is aware of the problems which existed and how they need to be addressed. The annual fee and liquor license are steep – hard to make up that money. Mr. Hoxie asked if they are aware of the problem on July 4th, which was a holiday, when they deliberately stayed open after the time of the rollback. They were awae of it. Officer Maher stated he has spoken with Attorney Mills and suggested they have someone there from 9-12 who speaks English and can handle the problems that arise. Mr. Hoxie stated the problem has been lack of supervision. Officer Maher has stated that they offered to help them with any new person to make them familiar with what is

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expected of them. Attorney Mills stated that Mr. Yang did attend the recent ABCC meeting, which he found helpful. They will hire a person for 9-12 who will meet with Officer Maher and be most helpful to the restaurant. Mr. Boy stated they should not hesitate to call the police at any time if they see something they do not like or is suspicious. Mr. Burman stated that any license holder MUST not have such a language barrier – they must have someone there all the time to address issues that come up. The way it is run now, Henry and his staff do not seem to understand what is happening. Mr. Burman stated he thought they must help themselves. Lt. Jason asked when the new person would be starting working the door? Could it be by this weekend? Lt. Jason stated we needed specifics as to the new person. Officer Maher asked that the license be issued on a motion for only after the police department approves it. Lt. Jason thinks it is something that must be black and white. Mr. Hoxie suggested issuing it until the first of the year starting the following weekend (not this one) to get the person in place. Mr. Burman stated they must have someone at the door for Halloween. Mr. Geiler stated it is important for the licensee to understand that no matter how many people are on duty they MUST comply with the rules and regulations. Every licensee has that responsibility. Just having an extra person who speaks English will not stand up. They must understand and comply with the regulations and supervise the premises or take the consequences of not being responsible, just like every other licensee. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Shanghai Chinese Restaurant, Inc., 11 Ridgewood Avenue, Hyannis, MA, Henry Yang, Manager, for a Change of Hours from 11:00 pm closing (a rollback of hours imposed on 12/8/08) to 12:00 am closing, 7 days a week, effective until the last meeting in December, at which time it would be reviewed again. New Class II Auto Dealer License: Application of Raymond C. Blackburn, d/b/a Blackburn’s Auto Sales, 730 Bearses Way, Hyannis, Raymond C. Blackburn, Manager, for a new Class II Auto Dealer License, with a maximum of 18 total vehicles and no more than 15 unregistered vehicles and a pledge of the license to Gilbert Wood, d/b/a Cape Wide Auto & Marine. Mr. Blackburn came forward for his application. Mr. Hoxie stated everything seems to be in order. Officer Maher wanted to know where the vehicles for sale are going to be placed; the Tire Company employees will be by their own place nextdoor and the vehicles for sale will be in front of their address; they are not there yet (until the license is approved). A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Raymond C. Blackburn, d/b/a Blackburn’s Auto Sales, 730 Bearses Way, Hyannis, Raymond C. Blackburn, Manager, for a new Class II Auto Dealer License, with a maximum of 18 total vehicles and no more than 15 unregistered vehicles and a pledge of the license to Gilbert Wood, d/b/a Cape Wide Auto & Marine.

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New Junk Dealer License: Application of Silva Jewelers, Inc., 863 Main Street Osterville, MA, Richard Silva, Manager, for a Junk Dealer License, hours of operation 9 am to 5 pm, Monday - Saturday. Richard Silva appeared for his application. He does not want to sell “junk” but nice things. Mr. Burman stated he does not know why this name has not been changed by the state. Mr. Silva stated they have stayed away from buying from the public in the past, but recently their base clientele is coming in wanting to sell them their merchandise. He has all the forms, etc. from the police department and understands the rules and regulations. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Silva Jewelers, Inc., 863 Main Street Osterville, MA, Richard Silva, Manager, for a Junk Dealer License, hours of operation 9 am to 5 pm, Monday - Saturday. Change in Premises Description and Daily Live and Sunday Entertainment Licenses: Application of R & Y Enterprises, Inc., d/b/a Ying’s Sushi Bar & Lounge , 59 Center Street, Hyannis, MA, Tanida Suriyawong, Manager, for a change in license description to the following: “59 Center Street, Hyannis with 2 entrances/exits to parking lot and 1 entrance/exit at rear from kitchen. First room seating 38. Bar seating for 9. Second Room seating 32. Sushi bar seating for 6. Maximum interior seating 85. Exterior patio seating 26.” They are additionally applying for a Daily Live and Sunday Entertainment License for a maximum of 3 entertainers from 5 pm to 12:45 am each day. Tanida Suriyawong appeared for her application. Mr. Hoxie asked if the seating was approved by the Building Commissioner and she said it was. She wants to add the entertainment to help the restaurant make more money. She thinks they will have a piano and no more than 3 entertainers. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of R & Y Enterprises, Inc., d/b/a Ying’s Sushi Bar & Lounge , 59 Center Street, Hyannis, MA, Tanida Suriyawong, Manager, for a change in license description to the following: “59 Center Street, Hyannis with 2 entrances/exits to parking lot and 1 entrance/exit at rear from kitchen. First room seating 38. Bar seating for 9. Second Room seating 32. Sushi bar seating for 6. Maximum interior seating 85. Exterior patio seating 26,” and a Daily Live and Sunday Entertainment License for a maximum of 3 entertainers from 5 pm to 12:45 each day. Mr. Burman asked her if she understood the total number of people at any time must not exceed 85 and she said she understood. Renewals:

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The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Class I Auto Dealer renewals as submitted below: Class I Auto Dealers: Cycle Services, JD Signs Cadillac Saab of Cape Cod A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Class II Auto Dealer renewals as submitted below: Class II Auto Dealers: Hyannis Auto Center Cape Cod Auto Connection Image Motors MBM Auto Sales – 115 Iyannough Road MBM Auto Sales – 500 Yarmouth Road Barnstable Motors Wholesale Nantucket Auto Sales California Auto Sales Barnstable Road Auto Repair Club 44 Acquisition Services J&J Auto Joe’s Auto Sales A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Lodging House renewals as submitted below: Lodging Houses: Bursley Manor Cape Cod Ocean Manor Bass River Properties – 18 Quaker Road Bass River Properties – 80 Yarmouth Road Bass River Properties – 156 Main Street Bass River Properties – 164 Main Street Josiah Sampson House Old Hundred House Simmons Homestead B&B Sail Inn Friends of Prisoners Maple Street Inn

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Tidewater Inn Boston Culinary Group Lamb & Lion Inn A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victualler: Honey Dew Donuts Cooke’s Seafood Subway Sandwiches – 2145 Iyannough Road Kentucky Fried Chicken/Taco Bell International House of Pancakes Dunkin Donuts 1220 Iyannough Road Dunkin Donuts 702 Iyannough Road Dunkin Donuts 156 Iyannough Road Dunkin Donuts 147 North Street Dunkin Donuts 317 Falmouth Road Dunkin Donuts 1648 Falmouth Road Dunkin Donuts 621 Main Street Dunkin Donuts 3821 Falmouth Road Dunkin Donuts CC Mall Dunkin Donuts 751 West Main Sarku Japan Persy’s Place Marylou’s Coffee Cape Cod Hospital Cafeteria A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Carousel renewal as submitted below: Carousel: Island Carousel A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals as submitted below: Daily Non-Live Entertainment: Island Carousel Lightning Falls A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Sunday Entertainment renewals as submitted below:

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Sunday Entertainment: Island Carousel A motion was duly made by Mr. Burman and seconded by Mr. Boy and a unanimous vote taken to approve the Mini Golf renewal as submitted below: Mini Golf: Lightning Falls Business Meeting: Suspension of License of Cape Cod Lodge OSIA by ABCC effective 10/28/09. Mr. Hoxie stated we have received notice from the ABCC regarding this suspension which is indefinite, Mr. Geiler stated the ABCC had discussions with them without satisfactory results. It is possible that they pay the overdue monies and get the license reinstated. Mr. Burman stated he had seen that Schooner’s was closed with a sticker on the door – he wondered if we know that. Officer Maher stated it was an employee tax issue. They are now open. Mr. Burman asked about the headlines the last couple days. Is there anything the Licensing Authority should get involved in? Lt. Jason stated it is a private property issue. _________________________________ _______________________________ Christine P. Ade, Recorder Gene Burman, Vice Chairman Barnstable Licensing Authority Barnstable Licensing Authority

C:\Users\decollik\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\BAJ9P9B7\11-16-09 minutes.DOC


Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. November 16, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, November 16, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Dick Boy, Associate Commissioner, Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day & Sunday Entertainment Licenses: Application of Tanya Vincent for Coastal Dance Co., 49 John Maki Road, Sandwich, MA, to conduct performances of The Nutcracker on Friday, December 11, 2009 (for school children only – not open to the public) and on Saturday, December 12, 2009 at 4:00 pm and Sunday, December 13, 2009 at 2:00 pm at Barnstable High School Performing Arts Center, West Main Street, Hyannis, MA. Mr. Vincent appeared for this request. This is the 24th annual Nutcracker event they have been holding for years at the High School. The admission is the same as last year’s performance. The school kids get to go for free on the Friday. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Tanya Vincent for Coastal Dance Co., 49 John Maki Road, Sandwich, MA, to conduct performances of The Nutcracker on Friday, December 11, 2009 (for school children only – not open to the public) and on Saturday, December 12, 2009 at 4:00 pm and Sunday, December 13, 2009 at 2:00 pm at Barnstable High School Performing Arts Center, West Main Street, Hyannis, MA. One Day Entertainment and Request to Close: Application of Danielle Siscoe for Wimpy’s, 752 Main Street, Osterville, MA, for a One Day Entertainment license for Friday, December 11, 2009 for Michael Hennessey and Erica to play with a keyboard at the Christmas Stroll at Wimpy’s, and for permission to close the restaurant for annual maintenance and cleaning.




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Danielle Siscoe appeared for her requests. Last year they had great success with Mr., Hennessey and want to do it again. They also want to close from January 4th through February 9th. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Danielle Siscoe for Wimpy’s, 752 Main Street, Osterville, MA, for a One Day Entertainment license for Friday, December 11, 2009 for Michael Hennessey and Erica to play with a keyboard at the Christmas Stroll at Wimpy’s, and also for permission to close the restaurant for annual maintenance and cleaning from January 4, 2010 through February 9, 2010. New Junk Dealer License: Application of Cheryl A. Dumont, d/b/a Main Street Consignment Home Furnishings, 832 Main Street, Osterville, MA, Cheryl A. Dumont, Manager, for a Junk Dealer License, hours of operation 9 am to 4 pm, Monday - Saturday. Mr. Burman recused himself from this hearing. Cheryl Dumont appeared for her request. She brought photos of the types of things she plans to sell. This is a new business. She said the Fire Department has come by and she has her Business Certificate. Has her DOR paperwork and a copy of the agreement for her consigners. She does not plan to sell any of the “regulated” items – no jewelry or tools or electronics, mostly secondhand furniture and home decor. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Cheryl A. Dumont, d/b/a Main Street Consignment Home Furnishings, 832 Main Street, Osterville, MA, Cheryl A. Dumont, Manager, for a new Junk Dealer License, hours of operation 9 am to 4 pm, Monday – Saturday. New Junk Dealer License: Application of Deborah D’Agostino, d/b/a Second Hand Rose, 217 Main Street, Hyannis, for a New Junk Dealer License, hours of operation to be 10 am to 4 pm. Deborah D’Agostino appeared for her request. She said her business is already in operation, she held a Transient Vendor License last year. She does not sell sports equipment or secondhand jewelry; just handmade jewelry, antiques and home furnishings and decorations. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Deborah D’Agostino, d/b/a Second Hand Rose, 217 Main Street, Hyannis, for a new Junk Dealer License, hours of operation to be 10 am to 4 pm Tuesday through Saturday.

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New Junk Dealer License: Application of Valquiria F. Wood, d/b/a The Second Coming Thrift Shop, 255 Main Street, Hyannis, MA, Valquiria F. Wood, Manager, for a Junk Dealer License, hours of operation 10 am to 4 pm. Mr. Burman recused himself from this hearing as he was involved with rental of the space. Valquiria Wood appeared for her request. This shop used to be in Dennisport. It is mostly clothing and accessories. Mr. Sullivan asked what days of the week she is open. It is Monday through Saturday. A motion was duly made by Paul Sullivan, seconded by Dick Boy and a unanimous vote taken to approve the application of Valquiria F. Wood, d/b/a The Second Coming Thrift Shop, 255 Main Street, Hyannis, MA, Valquiria F. Wood, Manager, for a new Junk Dealer License, hours of operation 10 am to 4 pm Monday through Saturday. Show Cause Hearing: Show Cause Hearing for MBM Auto Sales, 500 Yarmouth Road, Hyannis, Irena Zinov, Manager, based on a report from the Barnstable Police Department based on vehicle counts and inspections on September 16, 2009 (35 vehicles), October 1, 2009 (40 vehicles) and October 7, 2009 (25 vehicles), it had more vehicles on site than its license permits (23 vehicles permitted by license), and further that it is repairing vehicles on site which is expressly prohibited by zoning at its location. Officer Steve Maher advised that on September 16th he conducted inspections of all auto dealers in Town. He counted 35 at MBM and they are allowed only 23. Because they were over he counted again on October 1 and found an overage; went again on the 7th and again found more than allowed. He stated they have been in before for the same infraction. He stated he was also given a report from Tom Perry provided to him by Chris Ade showing they are doing repairs which are not allowed at this location. Officer Maher stated he counts the vehicles early am (1:00) and it is the count of total vehicles on the lot that he counts as they are authorized 23. Ms. Zinov stated that yes, they were here last year; since then they have tried to pay attention to the number of cars. She stated on those dates she could explain it because a transporter from auction brought some cars in at night when they were not there. When they come in the morning the cars are “sorted out” – some go to their 2nd location and some to repair shops. Some have plates; some had already been sold. She stated that it why they are there. She stated they did have an inspection by town hall people – they do only brake pads and brake repairs; they do have stock of oil as many of the cars from auction come with no oil and they need to add it to move the cars around. Mr. Hoxie asked if their license prohibits repair; she stated it does. Mr. Hoxie also asked her if she realizes they can only have 23 cars total; she replied that she knows that but sometimes at night they are delivered.

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Officer Maher stated he wondered why they are dropping off the vehicles at this location rather than the other location which has more vehicles allowed at it. She stated it does not happen that frequently. He asked that of the 3 times maybe once was a drop off; the other were customer cars. Mr. Burman stated their marketing brochure provided in the paperwork from Tom Perry states that their services include free oil change, air conditioning service and all types of repairs – all at 500 Yarmouth Road. Does she have an explanation? She stated they do have computer testing. She then said there is no contamination from brake repair or air conditioning – for engine repairs and oil changes they have a contract with CARZ. Mr. Burman stated having all the repair materials on their site does not quite ring true. She stated there was some metal and oil there – they dispose of junk cars and old engines etc. in Middleboro. Mr. Burman asked when they were first in and for what complaint – it was the same complaint before – too many vehicles and was last year. He stated photos 12 and 13 show auto repair items – oil filters, brake fluid, etc., fan belts, charging units, etc. which all indicate repair. The shelving states “spare parts.” Steve Maher indicated the round black thing in the photo goes under a vehicle. He disagrees that there are no repairs being done on premises. Batteries, antifreeze, radiators and a vehicle on a lift show there are repairs going on there. Officer Maher stated that working this shift for many years and counts of cars; he stated there are 6 – 7 on that street. He has never seen a carrier drop off cars after midnight. Mr. Hoxie asked if she is aware why her license is restricted for repair – she said yes there is a wellhead. She said she cannot argue except to ask why they cannot do small repairs inside. Mr. Hoxie stated they would need to come in and request to amend their license. She has her husband and two other employees – 2 full time and 2 part time working there. Mr. Hoxie asked how they are doing – she stated o.k. but a little slow. He asked if punitive action took place last year; she stated there was a warning. She asked why the police do not come in the daytime so they can speak to them instead of drawing their own conclusions. She said the transporter comes at night. She stated they have not been over since October 7. Mr. Sullivan asked if Officer Maher had spoken to the dealers about his findings. He stated he has not. He then asked her how many vehicles the car carriers hold – she stated 10. Mr. Sullivan pointed out that even after the 10 from a transport is subtracted, they were still over. She stated also some sold vehicles may be there. It is a combination of both. Mr. Sullivan stated it seems excessive to him, 17 cars over. Officer Maher stated the second date (October 1) there were 40 and 32 at 115 Iyannough Road. Even using this argument it puts her over on both lots if you add the two. The argument does not hold water. Officer Maher stated the license states total vehicles. Each business should be run separately. Now there is a question of whether these businesses are being run together. Mrs. Zinov stated their records are kept properly and they are separate for each location. Mr. Hoxie asked for recommendations from Officer Maher. He recommended a 14 day suspension with 3 days to be served and the rest to be held pending any further violations.

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Mrs. Zinov had nothing to say about the proposed sanction. Mr. Geiler asked about the photos – asking if they represented what is at the location? She stated it does. He asked what he would see today and she stated that now it is gone. Mr. Geiler stated the Town’s drinking water comes from a well near where they are. It is not really the repair causing the problem – it is the handling and storage of potentially harmful chemicals. Containers with no caps, no protection, is high disregard for the water issue. That is critical. He also asked about the auction vehicles delivered – does she ever get vehicles she is not aware are coming? If she knows she has 10 or 20 coming, what steps does she take to reduce vehicles on the property to accommodate them? She then went on to say they did not think it meant at night; only daytime that there had to be 23 there. She stated they do not have transporters come now. He asked what they would do if some were delivered. She stated they would be at the office and arrange for them to be moved to their other location. They were coming to one location and they sorted them out as to which dealership location they would be at. Mr. Geiler asked if the corporation has the same officers. She stated they are the same corporation, same d/b/a just a different location. He asked if they maintain 2 record books; she confirmed they do. If cars are moved they note that in their record books. Mr. Sullivan asked when the photos were taken – Officer Maher stated October 6th. Mr. Sullivan stated he finds it amazing all of the equipment and fluids are there when repair is prohibited. Mr. Hoxie asked about repairs on the other location – are they allowed? She stated no. Mr. Burman stated he thought the photos test the credibility of the witness. Mr. Burman recommended a suspension of 14 days with 7 to be served. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve findings to wit, “the officer’s presentation and photos convince me that the licensee is in violation on all four counts as stated in the complaint.” Mr. Sullivan seconded the motion amending it by finding it is not contested as to the numbers of vehicles on the lot on the days in question (September 16, October 1 and October 7) – and the license authorizes 23 vehicles. He also found that the photos submitted by the Building Department indicate there was extensive auto repair and work done on cars which was not disputed at this location, and this is a violation. Mr. Burman seconded the amended motion, and it was unanimously approved. Mr. Geiler wanted to clarify that the license should state there should be no more than 23 vehicles on display but it should state 23 total vehicles outside and no repairs or storage of hazardous materials, etc. right on the license. Mr. Sullivan stated the licenses need to be more detailed as to what cannot be done here. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve sanctions of 14 days with 7 days to serve on MBM Auto Sales, 500 Yarmouth Road, Hyannis, Irena Zinov, Manager, based on a report from the Barnstable Police Department on vehicle counts and inspections on

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September 16, 2009 (35 vehicles), October 1, 2009 (40 vehicles) and October 7, 2009 (25 vehicles), that it had more vehicles on site than its license permits (23 vehicles permitted by license), and further that it is repairing vehicles on site which is expressly prohibited by zoning at its location, of guilty on all violations. Mr. Sullivan stated he can understand the recommendation of Commissioner Burman for sanctions but would himself recommend for discussion the 14 day suspension with 3 days to serve because of the economy at present. Mr. Burman stated the reason he is saying 7 days is because it will really be painless for them as they will refer them to the other location. It is one of those things where having 2 licenses help them out. A motion was duly made by Paul Sullivan with regard to the complaints that the license of MBM Auto Sales, 500 Yarmouth Road, Hyannis, Irena Zinov, Manager, based on a report from the Barnstable Police Department on vehicle counts and inspections on September 16, 2009 (35 vehicles), October 1, 2009 (40 vehicles) and October 7, 2009 (25 vehicles), that it had more vehicles on site than its license permits (23 vehicles permitted by license), and further that it is repairing vehicles on site which is expressly prohibited by zoning at its location be suspended for 14 days with 3 days to be served, that a 14 day suspension be approved with 3 days to serve and the others held for the 2010 license period, recommending those days be Thursday, Friday and Saturday. Mr. Hoxie asked what the busy days are and she stated Monday, Wednesday, Friday. Mr. Sullivan changed his motion to be Wednesday, Thursday and Friday of this week. Mr. Burman asked Mr. Geiler if there are any specific guidelines for suspensions and appeals. Mr. Geiler stated just based on the testimony and evidence presented. The appeal would be court. Mr. Geiler stated any licensee has the right to appeal so immediate suspension should be used only for imminent danger to the public. Mr. Hoxie stated the suspension should be 14 days to be served December 2nd through 4th – the other 11 days not to be served unless there is a violation in the future for the period of 2010 calendar year. Mr. Burman seconded. It was unanimously passed. Discussion took place about moving vehicles and conducting this business during the suspension at their other location. Officer Maher stated the only sign on their door should be they are closed for 3 days – not allowing movement of vehicles or the office being open or no business taking place directing them to another location during those 3 days. Mr. Hoxie stated this should be done as recommended by Officer Maher. Show Cause Hearing: Show Cause Hearing AB Auto Sales, 415A Iyannough Road, Anibal Barroso, Manager, based on a report from the Barnstable Police Department based on vehicle counts and inspections on September 16, 2009 (17 vehicles), October 1, 2009 (15 vehicles) and October 7, 2009 (17 vehicles), you had more vehicles on site than your license permits (15 vehicles permitted by license).

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Officer Maher stated that on September 16th at 12:50 he found 17 vehicles. On October 1, 2009 he counted 15 and October 7 they had 17 as well. They have been before the Authority before for more vehicles than allowed – it is not something new to him. They are also parking vehicles an a lot next door. He was given a warning the one other time. Mr. Barroso stated they have display for 15 and 2 for customers – he stated he might have left his own car there as wife picked him up. They sometimes find a car from Thrifty Rent A Car which has been left there dropped off for Thrifty. On occasion a customer will drop a car off at night for service the next day. He states they have tried to be diligent to keep only the 15 vehicles there. He does not control the Thrifty people. He was here once before about a year ago and got a warning. Officer Maher asked if the Thrifty cars have plates on them? He stated they usually do. He has no control what is left there at night. Mr. Burman suggested a chain at night so no cars can be left there at night. Officer Maher stated there is also a dealership behind the building and Thrifty’s vehicles have a sticker on them. Using the site plan by the town, he tries to check that when counting these vehicles. Mr. Barroso did not know leaving one car of his own was a problem A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken for findings that the allegations are valid and undisputed by the licensee. He also found the licensee to have been before us on another occasion. He thinks the licensee is trying to comply. Mr. Sullivan seconded the motion and unanimous vote was taken to accept the findings. Findings wereproposed by Mr. Burman of guilty on all counts. Paul Sullivan seconded the motion, and there was a unanimous vote to find the licensee guilty of all charges. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve sanctions on AB Auto Sales, 415A Iyannough Road, Anibal Barroso, Manager, based on a report from the Barnstable Police Department based on vehicle counts and inspections on September 16, 2009 (17 vehicles), October 1, 2009 (15 vehicles) and October 7, 2009 (17 vehicles), you had more vehicles on site than your license permits (15 vehicles permitted by license) of 5 days to be held until the end of 2010, and no days to serve t present. Show Cause Hearing: Show Cause Hearing for Hi-Line Auto Sales, 367 Yarmouth Road, Augusto Netto, Manager, based on a report from the Barnstable Police Department based on vehicle counts and inspections on September 16, 2009 (31 vehicles), October 1, 2009 (31 vehicles) and October 7, 2009 (35 vehicles), you had more vehicles on site than your license permits (26 display vehicles permitted by license). Jessica Tatara, Officer Manager, appeared for the hearing, she ws representing Mr. Netto. Mr. Burman stated he would like to see Mr. Netto here. Jessica Tatara stated our letter stated he could be represented by someone of his choice.

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Officer Maher stated he also discovered on the three dates he was inspecting, that this licensee was over the limit on all three days. All vehicles faced the roadway for sale and none had plates on them – all had the lemon law sticker on them for sale. The license stated the number for display and these vehicles counted were all on display. This licensee has also been before the Board before. Ms. Tatara stated that last year it states 26 for display and 32 total vehicles for overnight. She watched the hearing from last year – some at night are dropped off, etc. and he can have 32 overnight. They have been watching it closely. The stickers are put on when they get them but the papers do rip off if they stay there for a while. Her interpretation was that 32 is allowed at night. She states that the only violation date would be October 7th and even then it could be cars dropped off. They received a warning last time. Officer Maher asked if the stickers rip off when being test driven. She stated if they open the windows the stickers rip off. The vehicles NOT for display are stored anywhere there is space. She may leave her vehicle there overnight. When a vehicle is repossessed does it have a plate? She stated it could be either way. Officer Maher stated he made sure the vehicles he counted more vehicles without plates than allowed by the license. He also stated last year the counts were 42 and 25. Officer Maher stated looking at the building other vehicles may be out back but not counted by him on these three dates. Mr. Burman complimented Officer Maher for doing a fine job and stated the wording on our licenses is causing some problems. Mr. Burman proposed findings as stated by Officer Maher in his complaint. The motion was amended by Paul Sullivan of finding of violation on October 7. Gene Burman seconded it and it was unanimously approved as finding of 35 on October 7 and 32 allowed. Mr. Burman made a motion of guilty, it was seconded by Paul Sullivan and a unanimous vote taken. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve sanctions on Hi-Line Auto Sales, 367 Yarmouth Road, Augusto Netto, Manager, based on a report from the Barnstable Police Department based on vehicle counts and inspections on September 16, 2009 (31 vehicles), October 1, 2009 (31 vehicles) and October 7, 2009 (35 vehicles), you had more vehicles on site than your license permits (26 display vehicles permitted by license) of 3 days to be held during calendar year 2010; none to serve at present. Mr. Geiler stated it is now the time to correct the language on this license. Other wise they will have to come back. Mr. Geiler stated that no repairs or tools associated with repairs allowed and a total of 32 vehicles allowed at all times.

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Mr. Hoxie stated it will be a 3 day suspension held in abeyance; no washing cars or repairs or tools on premises and a total of 32 vehicles allowed. The license will be amended to reflect this. Mr. Burman stated all the license wording must be changed to include the no washing, repairs, tools, etc. and a TOTAL number allowed on each license. Mr. Geiler stated we cannot change these licenses arbitrarily – they need to have notice and be called in to change the licenses. Mr. Boy asked if they could do the change by mail notification and response? Mr. Hoxie stated we can work that out. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval: A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Class I Auto Dealer Renewals: Class I Auto Dealers: Hyannis Toyota/Scion – 1020, 1040 & 1056 Iyannough Road Land Rover Cape Cod Premier Cape Cod Everett H. Corson, Inc. Cape Cod Lincoln Mercury Hyannis Honda Hyannis Honda Body Shop Trans-Atlantic Motors Dick Beard Chevrolet A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Class II Auto Dealer Renewals: Class II Auto Dealers: Hyannis Toyota/Scion – 756 Bearses Way Auto Smart, LLC American Classic Dream Cars Mutual Motors Davis Auto Sales European Car Service Ziggy’s Auto Sales Ron’s Truck Stop

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Lodging House Renewals: Lodging Houses: Sea Beach Inn The Mains’l The Captain David Kelley House The Hillcrest B&B Clark, Jean – 961 Pitcher’s Way Clark, Jean – 975 Pitcher’s Way Clear, Jean – 989 Pitcher’s Way Fernbrook Inn High Pointe Inn A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Common Victualler renewals: Common Victuallers: Friendly’s 736 Osterville Fish Too BJ’s Wholesale Club #321 Centerville Pie Co. The Ship’s Belle Keyes/Sea Street Beach Willow Tree Market Borders Books & Music Mitie’s Sushi House FAME Food Mgmt. – Cape Cod Community College Regina Pizzeria Panera Bread Hot Diggity Dogs Osterville Cheese & Sandwich Shop Pizza 1 & Subs 2 A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Cinema/Theatre Renewals: Cinema/Theatre CC Mall Theatres A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Daily Live Entertainment Renewals:

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Daily Live Entertainment: Borders Books & Music A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Daily Non-Live Entertainment Renewals: Daily Non-Live Entertainment: CC Mall Theatres A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Automatic Amusement/Video Game License Renewals: Automatic Amusement/Video Games: CC Mall Theatres A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Sunday Entertainment License Renewals: Sunday Entertainment: Borders Books & Music CC Mall Theatres Business Meeting: Letter to Licensees from BPD. Mr. Geiler thinks it is a good idea to get as much info out there as possible to help the licensees. He would like the BPD to review it with the rules we have. Officer Maher stated these items are in the letter as they have come across these potential violations this summer. Mr. Hoxie stated the letter includes a notice to licensees that they are going to be conducting a sting in 2010. Mr. Hoxie asked about any more informational seminars; Lt. Jason stated there will be except if there are budget constraints. Adjourned at 11:03 a.m. Respectfully submitted,

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_______________________________ ______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. December 7, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, December 7, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day All Alcohol and One Day Entertainment Licenses: Application of William H. Sykes on behalf of Best Buddies International, 100 SE 2nd Street, Suite 2200, Miami, FL for its annual event to be held at 1014 Craigville Beach Road, Centerville (outside in a tent) with a band, for a One Day All Alcohol from 12 pm to 9 pm and One Day Entertainment License from 6 pm to 9 pm on June 5, 2010. Mr. Sykes appeared for their annual event. It has now been run for 10 years and five at this location at the Shriver property. Generally there is a nationally known entertainer. They raised 3.5 million dollars last year for this charity. Mr. Burman asked, based on our policy, where the band faces? It is inside a tent facing north. Mr. Burman’s concern is the residential area and he wondered if there had ever been complaints. There have not been that Mr. Sykes knows of. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of William H. Sykes on behalf of Best Buddies International, 100 SE 2nd Street, Suite 2200, Miami, FL for its annual event to be held at 1014 Craigville Beach Road, Centerville (outside in a tent) with a band, for a One Day All Alcohol from 12 pm to 9 pm and One Day Entertainment License from 6 pm to 9 pm on June 5, 2010 subject to the knowledge that the alcohol must be purchased from a licensed wholesaler of alcohol.




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Request to Close: Request of WKC, Inc., d/b/a Misaki, 379 West Main Street, Hyannis, Karen L. Butler, Manager, for a closing of the restaurant from January 4, 2009 through February 2, 2009. Karen Butler appeared for her request. This is for general maintenance and freshening up, things of that nature. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of WKC, Inc., d/b/a Misaki, 379 West Main Street, Hyannis, Karen L. Butler, Manager, for a closing of the restaurant from January 4, 2009 through February 2, 2009. Alteration of Premises: Application of Superior Hotel Management Corp., d/b/a Heritage House Hotel, 259 Main Street, Hyannis, MA, Jan Daale, Manager, for a change in license description on its Annual Innholder All Alcohol License to add the following to the existing description: “Additional outside patio dining with 10 tables of four and two tables of two, totaling 44 seats and adding room service to all 143 rooms throughout the property.” They have done extensive work to the building in front this past year and are requesting the above. They did not have room service in the past and now have a nice patio in front. Mr. Burman asked about the stage for entertainment outside. Mr. Daale stated there would be acoustic music only. Outside entertainment is monitored closely, including the hotel guests. It is only a one person type entertainment. They have a live entertainment license at present. Mr. Sullivan asked about the schematics for 11 tables of 4; it should have been changed to 10 tables. Mr. Daale stated that is correct. Edina Ross & Maria Ferreira came forward as being concerned with the noise; what time is the music being played outside. Mr. Daale stated the plan is from 4 pm to 7 pm outside. Ms. Ferreira stated the hour of 7 pm would be fine if it stopped then; she is concerned with alcohol after 7 pm. Mr. Hoxie stated that we do not have an outside entertainment application before us and Officer Maher stated that their entertainment license now does NOT include the outside areas. Mr. Hoxie stated they would have to apply separately to extend the entertainment to outside and we could look at it then. Mr. Hoxie stated to the women concerned that this alteration today does not include outside entertainment, and told them to check with Licensing to see when they apply, if they do, for the outside entertainment. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Superior Hotel Management Corp., d/b/a Heritage House Hotel, 259 Main Street, Hyannis, MA, Jan Daale, Manager, for a change in license description on its Annual Innholder All Alcohol License to add the following to the existing description: Additional outside patio dining with 10 tables of four and two tables of two, totaling 44 seats and adding room service to all 143 rooms throughout the property.

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Change of Officers/Directors: Application of TGI Fridays, Inc., Cape Cod Mall, Route 132, Hyannis, Donald James Raymond, Manager, for a Change in Officers and Directors of the corporation only. Al DiNapoli, Esq. came forward for the corporate change filed with the ABCC. Nothing is changing with the Hyannis management – it is corporate only. The new officers are now listed in the file. This is a national change. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of TGI Fridays, Inc., Cape Cod Mall, Route 132, Hyannis, Donald James Raymond, Manager, for a Change in Officers and Directors of the corporation only. New Automatic Amusement (Video Games) License: Application of TGI Friday’s, 769 Iyannough Road, Hyannis, Donald Raymond, Manager, for An Automatic Amusement License for 4 video games. Al DiNapoli, Esq. appeared for this request as well. This is something being done to all the restaurants in Mass. A jukebox is one and others are games. They already have the non-live license. No money is paid out. Officer Maher stated none are gambling devices? Officer Maher stated that recently this company has come to the attention of the BPD and gambling is not allowed. Attorney DiNapoli assured him it is not any of those type games. Mr. Sullivan stated the entertainment must end at 12:45 am. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of TGI Friday’s, 769 Iyannough Road, Hyannis, Donald Raymond, Manager, for An Automatic Amusement License for 4 video games. New Junk Dealer License: Application has been made by Michel Mangalo, d/b/a New England Jewelry, 342 Main Street, Hyannis, MA, Michel Mangalo, Manager, for a new Junk Dealer License, hours of operation to be 10:30 am to 7:30 pm, Monday through Sunday. Mr. Mangalo appeared for his application. He has been on Main Street for 23 years except the last five years he moved across the street and did not get the junk dealer license. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Michel Mangalo, d/b/a New England Jewelry, 342 Main Street, Hyannis, MA, Michel Mangalo, Manager, for a new Junk Dealer License, hours of operation to be 10:30 am to 7:30 pm, Monday through Sunday. Request to Close: Request of Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, to close from January 3, 2010 to April 2, 2010 for repairs and renovations.

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Mr. Vo appeared for this application. Mr., Hoxie asked what will he be doing that takes 3 months? Mr. Vo stated renovations and repairs – especially the lack of business. Mr. Hoxie asked if he considered getting a seasonal license…he wants to keep the annual and hope not to have to close for such extended periods of time. Mr. Burman stated that when we issue an annual license we expect it to be open to serve the customers annually. Mr. Burman stated maybe 30-45 days is the norm; 90 days is excessive. Mr. Hoxie asked how long they were closed last year; Mr. Vo stated until 3/17 last year. Mr. Hoxie stated at some point he needs to look at a seasonal license. Mr. Hoxie stated he does not object because of the economy. A motion was duly made by Gene Burman, and not seconded to deny request of Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, to close from January 3, 2010 to April 2, 2010 for repairs and renovations. A second motion was made by Mr. Sullivan to approve the closing of Cape Cod Inn, 447 Main Street, Hyannis, Johnny Vo, Manager, from January 3, 2010 to April 2, 2010 for repairs and renovations. It was seconded by Mr. Hoxie. Mr. Burman voted nay. Mr. Sullivan and Mr. Hoxie voted to approve. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Common Victualler All Alcohol Renewals: Common Victualler All Alcohol: Alberto’s Fazio’s Jack’s Lounge Wimpy’s 99 Restaurant/Pub Dragonlite Restaurant UNO Chicago Grill Tiki Port The Olive Garden Kobi House Barbyann’s Shanghai Chinese Restaurant Misaki British Beer Company TGI Friday’s

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Regatta of Cotuit Five Eighty Six Bistro & Bar Barnstable Restaurant & Tavern Ardeo on Main Outback Philbrick’s Bud’s Place Seaside Pub on Main The 19th Hole DJ’s Wings Hyannis Golf Club Not Your Average Joe’s Brazilian Grill Wianno Grille Tommy Doyle’s The Island Merchant The Naked Oyster Barolo Up the Creek Again Pavilion Indian Cuisine Mallory Dock Schooner’s Bobby Byrne’s Hyannis Pub Il Maestro Harry’s Ying’s Embargo Sam Diego’s Roadhouse Café Colombo’s Café & Pastries Five Bays Bistro The Dolphin North Street Steakhouse A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Common Victualler Beer and Wine Renewals: Common Victualler Beer & Wine: Craigville Pizza & Mexican Scottie’s Famous Pizza Palio Pizzeria Pizza Wave Pinocchio Pizza Mike’s Pizza

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Golden Fountain The Original Gourmet Brunch Caffe e Dolci Sabino’s Restaurant & Family Pizzaria Pain D’Avignon New England Pizza House Café at the Airport B2 Burrito Bistro The Daily Paper Perry’s Main Street Deli Thai House A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Club All Alcohol Renewals: Club All Alcohol: Oyster Harbors Club Hyannis Yacht Club King’s Grant Racquet Club Wianno Club – Parker Rd. Wianno Club – Seaview Ave. Cummaquid Golf Club Hyannisport Club Wequaquet Lake Yacht Club West Barnstable Deer Club Osterville Veteran’s Hyannis Elks Hyannis Angler’s Club A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following General on Premise All Alcohol Renewals: General on Premise All Alcohol: Puff the Magic Dennis F. Thomas Post #2578 VFW Quarterdeck Lounge Pufferbellies Ryan Family Amusement – 441 Main Street (GOP W&M) A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Innholder All Alcohol Renewals: Innholder All Alcohol:

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Cape Codder Resort Cape Cod Inn Resort & Conference Center at Hyannis Heritage House Hotel Courtyard by Marriott Greenhouse Restaurant Radisson Bistro International Inn A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Package Store All Alcohol Renewals: Package Store All Alcohol: Osterville Package Store Parker’s Discount Liquors Luke’s Liquors Cotuit Liquors Fancy’s Farm Market Hyannis Blanchard’s Cape Cod Package Store Seven G’s Liquor Shoppe Hyannis Package Store Craigville Package Store Barnstable Bottle Shoppe Barnstable News Store Willow Package Store A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Package Store Beer and Wine Renewals: Package Store Wine & Malt: Mini Food Mart Willow Tree Market Hess Mart 21243 Old Village Store Grain & Vine Sea Street Market The Wine List Big Daddy’s Pizza A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Daily Live Entertainment Renewals: Daily Live Entertainment:

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Oyster Harbors Club Puff the Magic UNO Chicago Grill Hyannis Yacht Club British Beer Company Wianno Club – Seaview Ave. Cape Codder Resort Dennis F. Thomas Post #2578 VFW Hyannisport Club Regatta of Cotuit Five Eighty Six Bistro & Bar Barnstable Restaurant & Tavern Cape Cod Inn Ardeo on Main Resort & Conference Center at Hyannis Heritage House Hotel Courtyard by Marriott Radisson Bistro Wequaquet Lake Yacht Club Barnstable Comedy Club Bud’s Place West Barnstable Deer Club Hyannis Golf Club Brazilian Grill Tommy Doyle’s The Island Merchant Hyannis Elks Up the Creek Again Schooner’s Harry’s Ying’s Embargo Roadhouse Café Colombo’s Café & Pastries Hyannis Angler’s Club International Inn North Street Steakhouse A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Daily Non Live Entertainment Renewals: Daily Non-Live Entertainment Jack’s Lounge Craigville Pizza & Mexican

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Cape Codder Resort Dennis F. Thomas Post #2578 VFW Hyannisport Club TGI Friday’s Regatta of Cotuit Barnstable Restaurant & Tavern Resort & Conference Center at Hyannis Ryan Family Amusement – 441 Main Street Radisson Bistro New England Pizza House Bud’s Place The 19th Hole Osterville Veteran’s Not Your Average Joe’s Tommy Doyle’s Hyannis Elks Up the Creek Again Mallory Dock Schooner’s Bobby Byrne’s Hyannis Pub International Inn North Street Steakhouse Papa Gino’s – Bell Tower Mall A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Automatic Amusement/Video Games Renewals: Automatic Amusements/Video Games Craigville Pizza & Mexican British Beer Company Cape Codder Resort TGI Friday’s Quarterdeck Lounge Resort & Conference Center at Hyannis Ryan Family Amusement – 441 Main Street New England Pizza House Bud’s Place The 19th Hole Osterville Veteran’s Tommy Doyle’s Hyannis Elks Up the Creek Again Bobby Byrne’s Hyannis Pub Papa Gino’s – Bell Tower Mall

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Pool Table Renewals: Pool Tables Quarterdeck Lounge The 19th Hole Osterville Veteran’s Hyannis Elks A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Sunday Entertainment Renewals: Sunday License: Oyster Harbors Club Jack’s Lounge Puff the Magic UNO Chicago Grill Hyannis Yacht Club British Beer Company Cape Codder Resort Dennis F. Thomas Post #2578 VFW Hyannisport Club TGI Friday’s Regatta of Cotuit Five Eighty Six Bistro & Bar Cape Cod Inn Pufferbellies Quarterdeck Lounge Resort & Conference Center at Hyannis Heritage House Hotel Ryan Family Amusement – 441 Main Street Courtyard by Marriott Barnstable Comedy Club Bud’s Place West Barnstable Deer Club The 19th Hole Osterville Veteran’s Hyannis Golf Club Not Your Average Joe’s Barzilian Grill Tommy Doyle’s The Island Merchant Hyannis Elks Up the Creek Again

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Mallory Dock Schooner’s Harry’s Ying’s Embargo Colombo’s Café & Pastries Hyannis Angler’s Club International Inn North Street Steakhouse Papa Gino’s – Bell Tower Mall A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Cinema/Theatre Renewals: Cinema/Theatre Barnstable Comedy Club A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Class I Auto Dealer Renewals: Auto Dealer Class I: Hyannis Marina Saturn of Hyannis JMR Honda A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Class II Auto Dealer Renewals: Auto Dealer Class II: Jack Ellis Foreign Auto All Cape Auto Sales Robert J. Trapp, Inc. Blackburn’s Auto Sales Cape Motors Cape Auto Sales Liberty Motors Cape Cod Cars and Trucks A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Common Victualler Renewals: Common Victualler:

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Craigville Beach Grill The Mills Restaurant Acai Berry Juice Bar Ardeo at the Rink White Hen Pantry – 426 Main Ruby Thai Bangkok Kitchen Four Seas Ice Cream Maria Preta Cafe Old Village Store White Hen Pantry – 2946 Falmouth Rd. Sunnyside Restaurant Cape Cod Chocolatier Brown Bag Bagels & Deli The Egg & I Casual Gourmet Express – CCH Casual Gourmet Express – CC Mall Casual Gourmet – Richardson Rd Common Ground Cafe Subway – 251 Iyannough Road Coffee Table Café Aegean Pizza Barnes & Noble Burger King 2145 Iyannough Road Burger King 187 North St. McDonald’s – 654 Iyannough Road McDonald’s – 175 North Street McDonald’s – CC Mall The Little Sandwich Shop Noah’s Wrap Papa Gino’s – Bell Tower Mall D’Angelo’s – 187 Falmouth Road D’Angelo’s – 793 Iyannough Road A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the following Lodging House Renewals: Lodging House: Flaherty’s Two Long Dell Inn Green Mountain Inn Acworth Inn Walker Lodging House Yarmouth Road Lodging House The Embassy Inn

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Craigville Conf. Ctr. – 208 Lake Elizabeth Dr. Craigville Conf. Ctr. – 1 Bluff Ave. Craigville Conf. Ctr. – 39 Prospect Ave. Craigville Conf. Ctr. – 125 Ocean Craigville Conf. Ctr. – 19 Vine Ave. Edmund J. Flynn Craigville Beach House Captain Bearse Lodge Christine Ade announced that we have all of the required State Safety Certificates for the alcohol establishments. Business Meeting: Sgt. John Murphy, Barnstable Police Department Detective, appeared to request that the Licensing Authority revoke one of our existing Junk Dealer Licenses. Mr. Burman stepped down. After a month long investigation and a search warrant issued for 12//4/09 for stolen property at Cape Cod Precious Gems purchasing merchandise “off the books” and not reporting items on the weekly report. An 18 year old in Yarmouth stole thousands of items from a family member and he sold them to Mr. Marchetti. Some were recorded, some were not – an autographed photo of Larry Bird and Gucci bag. Sgt. Murphy observed a transaction where a young woman parked at Play It Again Sports; he stopped the car and the woman and man denied selling anything to Mr. Marchetti, but the adult male had $280 on his person. Several weeks later the same man and woman were arrested for a housebreak of up to 12 homes in Falmouth; and cooperating with the police, the male made a statement that all of the items stolen were sold to Mr. Marchetti at Cape Cod Precious Gems. The November 19th record did not show some of the items supposedly sold to Mr. Marchetti. Mr. Marchetti denied buying the autographed photo and a set of silver flatware over $250 in value. These items were found at the shop. An investigation is ongoing. He was arrested on 12/4, released on bail and open again Saturday, 12/5. Mr. Hoxie asked for questions from the board. Mr. Sullivan had no questions except the location of the business – Sgt. Murphy stated 48 Iyannough Road, Hyannis. Mr. Hoxie stated this licensee has had problems in the past, limiting the license approved; and stated he believes the existing license is good until 4/30/09. He had questions of due process and revocation procedures. Mr. Hoxie duly recommended we immediately suspend the license and that at our next meeting on 12/28 we will hold a show cause hearing to revoke it permanently. Dick Boy seconded the motion. There was a unanimous vote of Mr. Sullivan, Mr. Hoxie and Mr. Boy to suspend and call the show cause hearing. Mr. Hoxie asked that the police department pull the license and deliver it to the Licensing Office right away. Licensing will prepare a letter stating the license is suspended immediately and a letter calling a hearing to be held 12/28 regarding revocation as to illegal activity on the premises.

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The next discussion was as to determining the total number of vehicles on each car lot. Tom Perry, Building Commissioner, stated he would like to get together with the board and determine how to standardize these numbers as well as seating at restaurants, etc. Mr. Geiler did not have an objection; he believes this makes the most sense to get us to a place where it works to everyone’s satisfaction. The danger is if needing a full site plan review, the cost can be up to $1500. Certainly the intent here is not to cause someone to have to spend this type of money; its purpose is to solve the total vehicle problem for BPD. Mr. Hoxie appointed Mr. Burman to work with Mr. Geiler and Tom Perry to get this accomplished. Respectfully submitted, _______________________________ ______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



Town Hall Building, 367 Main Street, 2nd Floor Hearing Room, Hyannis, MA – 9:30 a.m. December 28, 2009

A regular meeting of the Barnstable Licensing Authority was held on Monday, December 28, 2009. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Beer & Wine & One Day Entertainment License: Application of AHEPA Cape Cod #483, PO Box 1036, Centerville for a One Day Beer & Wine and One Day Entertainment License for its New Year’s Eve Celebration at St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville from 6:30 pm to 12:00 midnight. Anthony Zombas appeared for his application; it is for December 31st. He assumes that the people, being older, will be gone by 12:30. Change license to read 12:30 am 1/1/10. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of AHEPA Cape Cod #483, PO Box 1036, Centerville for a One Day Beer & Wine and One Day Entertainment License for its New Year’s Eve Celebration at St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville from 6:30 pm to 12:30 on 1/1/10. He stated the entertainment would have to stop prior to that time. Change of Manager: Application of Not Your Average Joe’s, Inc., d/b/a Not Your Average Joe’s, 793 Iyannough Road, Hyannis, MA, John Armstrong, Manager for a Change of Manager on its All Alcohol Common Victualler License to Bruce Randon. Mr. Randon appeared for the application. His experience has been 23 years with several different establishments – bartender, bar manager and general manager, at NYA Joe’s for 2 years and here for about 2 months.




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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of Not Your Average Joe’s, Inc., d/b/a Not Your Average Joe’s, 793 Iyannough Road, Hyannis, MA, John Armstrong, Manager for a Change of Manager on its All Alcohol Common Victualler License to Bruce Randon. Class I Auto Dealer: Application of Saturn of Hyannis, Inc., d/b/a Cape Cod KIA, 115 Bassett Lane, Hyannis, MA, Edward Leslie, Manager, for a new Class I Auto Dealer License, with 89 total vehicles on the property. Ron Siegel, Controller, came to request the change of name on their license – same number of vehicles, no other changes. Mr. Geiler asked if the other license is being turned in – he stated no, it is a change in d/b/a. Mr. Sullivan asked that the Building Commissioner signature be on the plan; Mr. Geiler stated since it went through Site Plan Review, the Saturn existing there is more restrictive than the older plans. This is the same plan as approved 2 years ago. Mr. Burman asked if the parking in the rear is shared with Balise; Mr. Siegel stated it is NOT. Their parking is totally separate. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of Saturn of Hyannis, Inc., d/b/a Cape Cod KIA, 115 Bassett Lane, Hyannis, MA, Edward Leslie, Manager, for a new Class I Auto Dealer License, with 89 total vehicles on the property – customers, employees, sale vehicles, all vehicles. Class II Auto Dealer: Application of Kamberi Motors, Inc., d/b/a Euro-Atlantic Auto Sales, 741 Yarmouth Road, Hyannis, Besart Kamberi, Manager, for a new Class II Auto Dealer License with a total of 22 vehicles allowed on the property. Mr. Kamberi appeared for the application. They will be selling used cars. This location was Action Auto Sales fort almost 20 years. They are applying for the license in their name for 1/1/2010. Mr. Kamberi stated he has worked with Auto Smart, Hi-Line Auto Sales; has auto experience, owned the BP Station on Barnstable Road which he has fixed up a lot, has repaired cars since he was a kid. Mr. Geiler asked about the type of vehicles that will be on the lot – range, price, a vision of what it will look like. Mr. Kamberi stated all the cars will be European cars, they will have warranties for at least six months. Price range will be approximately $4,000 - $6,000. They want to sell reliable cars. Mr. Sullivan wanted to verify the number of vehicles – customers only on the plan are not noted; display cars are 22. Mr. Kamberi stated they share 6 spaces with JMR Honda. Mr. Hoxie asked how many total cars on the lot; Mr. Kamberi stated 25 total vehicles on the property. Mr. Sullivan asked if it is an issue that there are 6 spaces on the plan for customers. Officer Steve Maher suggested a barrier or rope between the 6 vehicles. Mr. Kamberi suggested 19 cars for sale and 3 for customers, with a total of 22 to save any problems. Mr. Hoxie stated we should give him the 25 vehicles. Mr. Burman wants it delineated where the property ends – he stated form the

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line of the sign going back. Mr. Kamberi stated they will add a white line around their property. Officer Maher stated if there was a white line it would help the police department, or a simple rope. Mr. Burman stated we are being careful about this as we are trying to develop some way to help the police department. Mr. Geiler stated this had been probably the worst looking lot in town; he asked the Board to approve 20 total vehicles for 6 months and that the licensee could come back and grow it after that time. Mr. Kamberi asked for 22 total as long as they have 18 for sale and 3 spots they will mark for customers he will be happy. Mr. Geiler expressed a concern in the lease – non-exclusive use with others of this property. This concerns him (page 4 of the lease). He certainly does not want to suggest what Mr. Kamberi is representing is not true; Mr. Kamberi has stated he is planning to improve the lot in future as long as the business picks up. Mr. Geiler asked where his repairs are done – and was told they will be done at the new BP station he owns on Barnstable Road. Mr. Burman asked if there is any other Class II license he is sharing; Mr. Kamberi stated not for now. Mr. Burman stated he will propose 20 vehicles on the lot, then we could go up after 6 months if he has shown his intent to improve the property. Mr. Kamberi has been told he cannot expand the shed/office in size. He will put a new sealcoat on the pavement and add some lights. Mr. Geiler stated he thinks Mr. Kamberi knows what he is talking about. He also stated within 6 months he should go to Engineering to get the number pinned down – not just continue to use #741 B. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of Kamberi Motors, Inc., d/b/a Euro-Atlantic Auto Sales, 741 Yarmouth Road, Hyannis, Besart Kamberi, Manager, for a new Class II Auto Dealer License with a total of 20 vehicles allowed on the property at present. New Junk Dealer License: Application of Tim Ferreira, d/b/a Ferreira’s, 85 Old Yarmouth Road, Hyannis, MA, Tim Ferreira, Manager, for a new Junk Dealer License, hours of operation to be 7 am to 5 pm. Tim Ferreira appeared for a new Junk Dealer license at a new location he has found. Mr. Hoxie asked what the location was – Mr. Ferreira stated it was the Old Plymouth Beef. Building. Mr. Hoxie asked how many days he will be open – he asked for 7, from 7 am to 5 pm. Mr. Hoxie asked him if he has decided not to retire? Mr. Ferreira stated he still has a lot left. Mr. Geiler stated that the Site Plan conditions imposed must be followed – with storage inside. There is a fenced area, he will not tow trucks and have lots of vehicles there. Mr. Ferreira stated it is his opinion that the towed cars are fine as long as there are no wrecks. Mr. Ferreira stated the cars they will have there are cars not involved in accidents. Mr. Hoxie asked how soon he will be ready to be operational? He was told tomorrow! He said he has worked with Officer Maher and wants to cooperate with the town and do this right. Mr. Burman stated he has a long period of history with the town – he operated for a long time without a license; his question is that now does he intend to operate under the rules and regulations of the town? Mr. Ferreira stated that his family

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has always had a junk license – his Dad was always licensed. Mr. Burman stated that was not a satisfactory answer; because he himself has had a long history of problems – he will be under close scrutiny. It will be his role to comply with ALL of the rules and regulations. Mr. Ferreira stated that due process is important; he is fully aware of the town ordinances. He is waiting to work with Officer Maher. Mr. Geiler stated this is a much better site than the other one – and indicated that Mr. Ferreira has worked with Building and Site Plan to get this far for this site. Because of the machinery he owns, he plans to have no more than 10 other cars there – nothing else except his equipment, bobcat, trailers. Mr. Burman asked someone else to make the motion as he is felt “torn” about his decision. A motion was duly made by Paul Sullivan, seconded by Mr. Hoxie and then a unanimous vote was taken to approve the request of Tim Ferreira, d/b/a Ferreira’s, 85 Old Yarmouth Road, Hyannis, MA, Tim Ferreira, Manager, for a new Junk Dealer License, hours of operation to be 7 am to 5 pm, 7 days a week, according to Site Plan regulations on a letter dated 12/4/09 from Site Plan Review. This license is issued to 4/30/10. Transfer of Annual All Alcohol Common Victualler License: Application of Bagley-Heath, LLC, d/b/a Sweet Tomatoes Osterville, 791 Main Street, Osterville, Darren Bagley-Heath, Manager, to Merrill Sweet, Inc., d/b/a Sweet Tomatoes Pizza, Merrill Sweet, Manager. Mr. Sweet appeared for the application – he is buying back the business he sold to his ex-wife. He has other locations in Yarmouth and Chatham. His Chatham license is seasonal beer & wine. Mr. Sullivan asked about the seating capacity of 49. Mr. Burman stated it is 46 and Mr. Sweet agreed. Mr. Geiler stated there was a Health Department request a few years ago – he would like Mr. Sweet to abide by this. Mr. Burman asked for the inside total to remain if there is rain – the outside people cannot come in if it increases the number 34 inside. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the request of Bagley-Heath, LLC, d/b/a Sweet Tomatoes Osterville, 791 Main Street, Osterville, Darren Bagley-Heath, Manager, to Merrill Sweet, Inc., d/b/a Sweet Tomatoes Pizza, Merrill Sweet, Manager, with 34 total inside and 12 outside on a the patio.. New Common Victualler License: Application of LBK, LLC., d/b/a Burger King, 184 North Street, Hyannis, MA, Rob Smith, District Manager, for a new Common Victualler License. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the request of LBK, LLC., d/b/a Burger King, 184 North Street, Hyannis, MA, Rob Smith, District Manager, for a new Common Victualler License to 1/11/10 as the applicant did not appear.

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New Common Victualler License: Application of LBK, LLC., d/b/a Burger King, 2145 Iyannough Road, Hyannis, MA, Rob Smith, District Manager, for a new Common Victualler License. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the request of LBK, LLC., d/b/a Burger King, 2145 Iyannough Road, Hyannis, MA, Rob Smith, District Manager, for a new Common Victualler License to 1/11/10 as the applicant did not appear. Show Cause Hearing: Show Cause Hearing for Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for revocation of its Junk Dealer License as a result of information presented to the Licensing Authority by Detective Sgt. John Murphy of the Barnstable Police Department at the December 7, 2009 Licensing Authority Hearing for failure to comply with the Town of Barnstable Rules and Regulations under Chapter 502 regarding non-reporting of items purchased for sale, that it purchased items which appear on a list of stolen property, and a determination that Mr. Marchetti is an improper person to hold a Junk Dealer License, to show cause why your Junk Dealer License should not be permanently revoked. It was read into record by Mr. Hoxie that the attorney for the Licensee, Jack Atwood, requested a continuation of this hearing to the next hearing on January 11, 2010 in order to properly prepare. He requested that Mr. Burman entertain a motion to continue the suspension of the license until that date. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to retain the suspension already imposed until the next hearing date of January 11, 2010 when the Board will have a Show Cause Hearing on this license. Renewals: The following have applied for renewal of their licenses from 2009 with no changes: Daily Non-Live Entertainment: Ryan Family Amusements A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensee for renewal of its Daily Non-Live Entertainment license. Automatic Amusements/Video Games: Ryan Family Amusements

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensee for its Automatic Amusement/video games license. Sunday Entertainment: Ryan Family Amusements A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensee for its Sunday Entertainment license. Class I Auto Dealers: Buckler’s Tracey Volkswagen/Audi Coastal Trailer Sales Balise Hyundai Balise Nissan Ford of Hyannis (Tom Geiler asked that this be skipped and come back to it) A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensees for renewal of their Class I Auto Dealer Licenses. Class II Auto Dealers: Hyannis Auto Sales Wheels to Work West Main Auto Robert’s Auto Wholesale Huhtanen’s Auto Sales AB Auto Sales Brico Autoworks Argus Auto Sales Willow Street Motors Harbor Auto Sales Route 66 Auto Sales Cars for Kindness Hyannis Auto, Inc. DeVincent Auto Brokers Rotary Collision Ctr. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensees for renewal of their Class II Auto Dealer Licenses.

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Lodging Houses: Saltwinds B&B Beechwood Inn Memories by the Sea A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensees for renewal of their Lodging House licenses. Common Victuallers: Wendy’s Quizno’s Great House of Zou La Petite France A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the above licensees for renewal of their Common Victualler licenses. Mr. Geiler asked about Ford of Hyannis – he stated it appears they have changed their d/b/a. Ms. Ade stated they have filed their renewal so as not to be confusing for us – and will be filing the change within a week or two. Mr. Geiler stated we have to limit this time period and ask that they file the new paperwork within 30 days. Mr. Sullivan suggested February 1st. A motion was duly made by Mr. Hoxie and seconded by Mr. Sullivan to approve the renewal of Ford of Hyannis until 2/1/10 and that they must file to change it to Balise Ford within that timeframe. Business Meeting: Last drink” information was passed out for the Board from the Clerk’s Office. Mr. Geiler stated it might be appropriate to send them notices to get some response on these 3 establishments. Mr. Geiler states we have not been given lists in the past but believes we are now going to see them with the new regime. He thinks bringing them in is shaky, but ignoring it is not a good thing either. It might be productive to ask them what they have done to ensure it will not happen again. Mr. Hoxie states it would be impossible to prosecute s a result of third party info at this point but would be good to let them know the Board knows about it. Mr. Geiler stated the new administration seems to be focused on process and putting in place things which they should have been doing right along. In the distant past we used to be notified and send a letter to the offenders on the list. It is thought to be important, especially with the severity of the issue. Ask them what steps that they have put in place. Mr. Sullivan stated he thinks they are just asking for the correct address and it is up to us to do what we feel is right. Lt. Jason stated she believes they deserve to know their name is on this list. Mr. Hoxie stated we

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can notify them by letter. If a pattern develops with notification of repeat offenders it may be looked into; and Lt. Jason stated especially if there is a 3rd offence we should bring them in. The Board members discussed it. Ptl. Maher stated that he has spoken with an ABCC representative who told him this was a new policy – and they would be notifying us. Lt. Jason stated in the last 2 weeks she booked people more than once for being over-served. Mr. Geiler stated over-serving is putting the person, the public and town employees at risk. This is not acceptable. If we can keep even one drunk off the street it is advisable. Mr. Hoxie stated he would like to see this information from BPD so we can move on it, especially if a place is lax on serving people who are already intoxicated. Mr. Sullivan thinks we should put the licensees on alert.

There was further discussion on status on numbers assigned to Auto Dealer lots from the last hearing. Mr. Burman stated he, Tom Perry, Mr. Geiler and Ptl. Maher had a meeting on 12/17; Mr. Perry had to leave because of a prior meeting – they will meet again right after the start of the new year to get this pinned down. Mr. Geiler stated everyone knows what we want to do; the question is how to do it now. We have to come up with a process. It impacts the older places much more significantly than the newer places which are regulated. He does not think it should be voluntary. Mr. Burman moved that the rate of compensation of the Board be doubled. Mr. Hoxie adjourned until next year at 10:28. Respectfully submitted, _____________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



January 11, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, January 11, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services and Licensing Agent, an addition to the Board, Kim Connors, Consumer Affairs Division Supervisor, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Change of Manager: Application of Outback New England I Limited Partnership. d/b/a Outback Steakhouse, 1070 Iyannough Road, Hyannis, MA, Christina Jacobs, Manager for a Change of Manager on its All Alcohol Common Victualler License to Justin Daniel Schwarz. No-one appeared for their application for Change of Manager application. The recorder indicated they may inadvertently not have received a hearing notice as the application was filed by mail, and one would be sent out if the Board continued the application. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan and a unanimous vote taken to continue this matter to the February 1, 2010 hearing. New Common Victualler License: Application of LBK, LLC., d/b/a Burger King, 184 North Street, Hyannis, MA, Rob Smith, District Manager, for a new Common Victualler License. Mark Rochon, Project Manager for LBK, LLC, which has purchased these locations, appeared for this new license and the following license. The corporation has replaced Boston-Wyman as owners of the franchises and are already operating.




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A motion was duly made by Mr. Burman, seconded by Mr. Sullivan, and a unanimous vote taken to approve this application. Mr. Burman asked that the individual store managers be listed with the Licensing Authority. Mr. Rochon stated Mr. Smith is the one to call for all the Cape locations. Mr. Geiler asked if they own the real estate here – Mr. Rochon stated they do not. They are planning to do a rebuild on the North Street structure in the near future. He hopes to do that process in 90 days and before our Cape “season.” New Common Victualler License: Application of LBK, LLC., d/b/a Burger King, 2145 Iyannough Road, Hyannis, MA, Rob Smith, District Manager, for a new Common Victualler License. Mr. Rochon appeared for this license as well as the preceding one. Paul Sullivan asked if there are any issues as to parking at the location up by Route 6; Officer Maher stated there are none. Part of the lot is regulated by the State. A motion was duly made by Mr. Burman, seconded by Mr. Sullivan, and a unanimous vote taken to approve this application. Show Cause Hearing: A Show Cause Hearing was called for Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for revocation of its Junk Dealer License as a result of information presented to the Licensing Authority by Detective Sgt. John Murphy of the Barnstable Police Department at the December 7, 2009 Licensing Authority Hearing for failure to comply with the Town of Barnstable Rules and Regulations under Chapter 502 regarding non-reporting of items purchased for sale, that it purchased items which appear on a list of stolen property, and a determination that Mr. Marchetti is an improper person to hold a Junk Dealer License, to show cause why its Junk Dealer License should not be permanently revoked. The hearing was continued from 12/28/09 to 1/11/10. Mr. Hoxie advised that Attorney Jack Atwood’s office (counsel for the licensee) had faxed a letter requesting another continuance on this matter so he could review and prepare for the new charges. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to continue this Show Cause hearing to the February 1, 2010 hearing, and that the suspension of the current license remain in effect until that date. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval.

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Class II Auto Dealer renewals as submitted below: Class II Auto Dealers: Es Auto Sales Hi-Line Auto Sales Auto Wholesalers of Cape Cod GX Automotive Barnstable Auto Exchange A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: Box Lunch Village Landing Restaurant Papa Gino’s – 790 Iyannough Road The Barnacle Old Country Buffet A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Video Games renewals listed below: Video Games: Papa Gino’s – 790 Iyannough Road Boston n Barnstable – 2145 Iyannough Road A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals listed below: Daily Non-Live Entertainment: Papa Gino’s – 790 Iyannough Road Boston n Barnstable – 2145 Iyannough Road Daily Live Entertainment: A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment renewal listed below:

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Cotuit Center for the Arts Cinema/Theatre: A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Cinema/Theatre renewal listed below: Cotuit Center for the Arts A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday Entertainment renewals as submitted below: Sunday Entertainment: Papa Gino’s Cotuit Center for the Arts Business Meeting: Approval of “Last Drink” letters for mailing. Mr. Hoxie stated the letter looks adequate as drafted. He stated we should send it out.

Discussion on Memorandum to Auto Dealers. Officer Maher was asked to comment and whether we need the words, “out of doors” on the license; he stated yes, as they can’t see inside when inspecting the premises. He suggests leaving it as it is. Mr. Burman stated he agreed to the letter going out as long as the Building Commissioner agrees.

Discussion and vote took place as to whether to hold a Show Cause Hearing for C.C. Gama Corp., d/b/a Mallory Dock Restaurant, 477 Yarmouth Road, Hyannis for non-compliance with Health Department regulations, for failing to obtain a 2010 Food Service Permit, and for not obtaining a rental housing permit. Mr. Hoxie asked if there were any objections. Mr. Geiler stated the Health Department has not been able to do inspections during business hours; for not being responsive, the Health Dept. has issued a civil citation but expressed concern as to what is going on there. Mr. Sullivan stated we absolutely need a hearing called. Mr. Geiler stated we can do it February 1st but suggested we have a full plate on that date already. Mr. Hoxie stated we will schedule that hearing for February 1, 2010. Mr. Hoxie again welcomed Kim Connors, stating it will be nice to see her every couple weeks at our hearings.

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The meeting was adjourned at 9:50. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



February 1, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, February 1, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Entertainment: Application of Diane Wood-Bielski for Highland Light Scottish Pipe Band, 56 Holly Tree Lane, Middleboro, MA, for a One Day Entertainment license for Saturday, March 13, 2010 for a Celtic Music Night with up to 23 entertainers to be held at West Villages Elementary School, 760 Osterville/West Barnstable Road, Marstons Mills from 5 pm to 9:30 pm. Dennis Smith appeared for the 2nd Celtic night at this location (used to be Horace Mann). Last year they sold over 400 tickets. They will have pipes and drums, hearts and fiddles, dancing, vocals, you name it. It is $12 at the door and $10 for adults in advance, $6 for children over 6 and younger ones for free. He stated the oldest piper is 82 and the youngest is 10. Mr. Burman asked if they would like setup time as well – he said yes. It takes a while to set up. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Diane Wood-Bielski for Highland Light Scottish Pipe Band, 56 Holly Tree Lane, Middleboro, MA, for a One Day Entertainment license for Saturday, March 13, 2010 for a Celtic Music Night with up to 23 entertainers to be held at West Villages Elementary School, 760 Osterville/West Barnstable Road, Marstons Mills and extend the time for setup to 4 pm to 10 pm. One Day Entertainment & Sunday Entertainment License: Application of Ann Louise Harries for Hyannis Public Library, 401 Main Street, Hyannis, MA, for a One Day Entertainment license and Sunday Entertainment License for Saturday,

+Town of Barnstable Regulatory Services Thomas F. Geiler, Director Licensing Authority



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February 13, 2010 and Sunday, February 14, 2010 for its 34th annual Antique Show and Sale to be held at the Field House, Barnstable High School, West Main Street, Hyannis from 10 am to 5 pm each day. Ann Marie Carlson appeared for the library. They are asking for the 34th annual antiques show and sale. Sunday hours are 11-4 and they request a waiver of their fee. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Ann Louise Harries for Hyannis Public Library, 401 Main Street, Hyannis, MA, for a One Day Entertainment license and Sunday Entertainment License for Saturday, February 13, 2010 and Sunday, February 14, 2010 for its 34th annual Antique Show and Sale to be held at the Field House, Barnstable High School, West Main Street, Hyannis from 10 am to 5 pm Saturday and Sunday and that they have lesser hours on Sunday. One Day Beer & Wine Licenses (26): Application of Christine Duren on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit, for 26 One Day Beer & Wine Licenses for special events as follows in 2010: 2010 Kickoff Cultivation Saturday 2/05/10 5 pm Volunteer Appreciation/Orientation Wednesday 2/10/10 7 pm Exhibit Celebrating Black History Saturday 2/13/10 4 pm Music Greg Abate Saturday 2/13/10 8 pm Music Gr. Gritzbach Saturday 2/20/10 8 pm Music Rebecca Parris Saturday 2/27/10 8 pm Porgy & Bess Friday 3/05/10 8 pm Porgy & Bess Saturday 3/06/10 4 pm Porgy & Bess Saturday 3/06/10 8 pm Porgy & Bess Sunday 3/07/10 2 pm Exhibit Chamber/Sourcebook Saturday 3/13/10 4 pm Poetry/Chili Fest Saturday 3/13/10 6:30 pm Exhibit Evolution of Maritime Art Thursday 4/01/10 4 pm Performance Love Letters Friday 4/30/10 8 pm Exhibit Pottery & Smoke Saturday 5/01/10 4 pm Performance Love Letters Saturday 5/01/10 8 pm Performance Love Letters Sunday 5/02/10 4 pm Music Persuasions Friday 5/14/10 8 pm Exhibit Mary Moquin Saturday 6/05/10 4 pm Exhibit Americana Art Saturday 7/03/10 4 pm Music Jonathan Edwards Friday 7/23/10 8 pm Exhibit CCftA Cotuit Alumni Thursday 8/05/10 4 pm Exhibit Magyar/Campbell Saturday 9/10/10 4 pm Exhibit Culinary Art Saturday 10/16/10 4 pm Arts & Souls Ball Saturday 10/30/10 7 pm Exhibit Mbr/Stu/Fac Saturday 11/26/10 4 pm Christine Duren appeared for their application for events for the season for which alcohol will be offered. These are concerts and art exhibit openings and some special events. Mr. Burman asked if they have covered themselves for hours for opening and closing? She stated they are happy with the times as presented.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Christine Duren on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit, for 26 One Day Beer & Wine Licenses for special events as follows in 2010: 2010 Kickoff Cultivation Saturday 2/05/10 5 pm Volunteer Appreciation/Orientation Wednesday 2/10/10 7 pm Exhibit Celebrating Black History Saturday 2/13/10 4 pm Music Greg Abate Saturday 2/13/10 8 pm Music Gr. Gritzbach Saturday 2/20/10 8 pm Music Rebecca Parris Saturday 2/27/10 8 pm Porgy & Bess Friday 3/05/10 8 pm Porgy & Bess Saturday 3/06/10 4 pm Porgy & Bess Saturday 3/06/10 8 pm Porgy & Bess Sunday 3/07/10 2 pm Exhibit Chamber/Sourcebook Saturday 3/13/10 4 pm Poetry/Chili Fest Saturday 3/13/10 6:30 pm Exhibit Evolution of Maritime Art Thursday 4/01/10 4 pm Performance Love Letters Friday 4/30/10 8 pm Exhibit Pottery & Smoke Saturday 5/01/10 4 pm Performance Love Letters Saturday 5/01/10 8 pm Performance Love Letters Sunday 5/02/10 4 pm Music Persuasions Friday 5/14/10 8 pm Exhibit Mary Moquin Saturday 6/05/10 4 pm Exhibit Americana Art Saturday 7/03/10 4 pm Music Jonathan Edwards Friday 7/23/10 8 pm Exhibit CCftA Cotuit Alumni Thursday 8/05/10 4 pm Exhibit Magyar/Campbell Saturday 9/10/10 4 pm Exhibit Culinary Art Saturday 10/16/10 4 pm Arts & Souls Ball Saturday 10/30/10 7 pm Exhibit Mbr/Stu/Fac Saturday 11/26/10 4 pm One Day Wine Only & One Day Entertainment Licenses: Application of Anna Meagher on behalf of Cape Cod Art Association, 3480 Route 6A, Barnstable, for a One Day Wine Only and One Day Entertainment License for a fundraising event entitled, “A Hot Winters Night” to include live music and a wine tasting, on February 12, 2010 from 7 pm to 10 pm at the center. Anna Meagher appeared for their event. This is their first, hopefully annual, event for the art gallery. It is a $20 admission at the door and a bit less before then. Cotuit Liquors will be holding the wine tasting for them. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Anna Meagher on behalf of Cape Cod Art Association, 3480 Route 6A, Barnstable, for a One Day Wine Only and One Day Entertainment License for a fundraising event entitled, “A Hot Winters Night” to include live music and a wine tasting, on February 12, 2010 from 7 pm to 10 pm at the center. New Class II Auto Dealer: Application of Cape & Island Motors, LLC, d/b/a Cape & Island Motors, 153 Corporation Street, Hyannis, Luis Daniel Xavier, Manager, for a

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new Class II Auto Dealer License, with a maximum of 39 vehicles on the property (determined by Site Plan Review). “Vinnie” Ferreira appeared for the license. When asked about his experience, he stated he has been with AB Auto Sales at the rotary for 7 years. It used to be a Dunkin Donuts. Mr. Geiler stated the site plan shows considerably less parking spaces than what they are requesting; Mark Soper from the Realty Company appeared with Mr. Ferreira and advised they had submitted a plan to the town (to Site Plan Review it was determined) which was approved at Site Plan showing parking on the hardtopped area. The plan grants a total of 39 parking spaces. The plan will be included with the file. Officer Maher asked why Mr. Xavier is not here; he was told by Mr. Ferreira he is in Brazil right now. Officer Maher stated that AB Auto Sales is one of the dealers who have been before us for more vehicles than allowed. Mr. Geiler gave the Realtor a copy of OUR plan, which does not show what it needs to show. Mr. Geiler stated we should get the plan from GMD with the number they approved. Mr. Burman asked them to get Site Plan Review to restate the letter with their proper number of spaces. The Realtor will take care of getting us a revised letter. Mr. Sullivan stated he thought we should have a letter signed by the Building Commissioner with a total number of vehicles on the lot; we will have the plan signed by him. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape & Island Motors, LLC, d/b/a Cape & Island Motors, 153 Corporation Street, Hyannis, Luis Daniel Xavier, Manager, for a new Class II Auto Dealer License, with a total of 39 vehicles on the property provided subject to our receipt of Site Plan Review letter and plan showing those vehicles. Change of Manager: Application of Outback New England I Limited Partnership. d/b/a Outback Steakhouse, 1070 Iyannough Road, Hyannis, MA, Christina Jacobs, Manager for a Change of Manager on its All Alcohol Common Victualler License to Justin Daniel Schwarz. Justin Daniel Schwarz was at Outback since 2001 as server. He has traveled with the company and recently was promoted to Manager for Hyannis. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Outback New England I Limited Partnership. d/b/a Outback Steakhouse, 1070 Iyannough Road, Hyannis, MA, Christina Jacobs, Manager for a Change of Manager on its All Alcohol Common Victualler License to Justin Daniel Schwarz. New Common Victualler License: Application of Sabino C. Barroso and Francisco Lucas Oliveira, d/b/a Cape Cod Wings & Pizza, 700 Yarmouth Road, Hyannis, MA, Sabino Barroso, Manager, for a new Common Victualler License.

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Mr. Barroso and Mr. Oliveira appeared for this request. This used to be Willow Pizza. They have leased the premises. It is in the strip mall on Yarmouth Road – Rosario property. Dennis Carlin came forward as owner of DJ’s Wings. For 15 years he was at that property and was subject to only having 7 seats because of zoning and the health department – he stayed there for all that time with only 7 seats. He wanted to make sure this stayed at 7 seats. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Sabino C. Barroso and Francisco Lucas Oliveira, d/b/a Cape Cod Wings & Pizza, 700 Yarmouth Road, Hyannis, MA, Sabino Barroso, Manager, for a new Common Victualler License for a maximum of 7 seats. Change of Manager: Application of TGI Friday’s, Inc., d/b/a TGI Friday’s, 769 Iyannough Road (Cape Cod Mall), Hyannis, MA, Donald James Raymond, Manager, holding an annual All Alcohol Common Victualler License, for a Change of Manager on its All Alcohol Common Victualler License to Teresa Coppinger. Al DiNapoli, Esq. appeared for TGI Friday’s. He stated that Ms. Coppinger has been with this restaurant since 2002. They believe she would be appropriate to put on as Manager of record for our license. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of TGI Friday’s, Inc., d/b/a TGI Friday’s, 769 Iyannough Road (Cape Cod Mall), Hyannis, MA, Donald James Raymond, Manager, holding an annual All Alcohol Common Victualler License, for a Change of Manager on its All Alcohol Common Victualler License to Teresa Coppinger. Class I Auto Dealer Change of d/b/a: Application of Ford of Hyannis, Inc., d/b/a Ford of Hyannis, 332 Falmouth Road, Hyannis, James E. Balise, Manger, for a new d/b/a for its Class I Auto Dealer License, Balise Ford. James E. Balise, Jr., appeared for this application. Mr. Geiler stated the application is for a change of d/b/a. He then stated there are 5 separate properties, all of which are being used for the business. It would make sense to include all the locations on the license. The current license only has the lot as Falmouth Road. He would also like to change the records at the Registry. The properties apparently did not get added, and he suggested they recognize the change of Directors as well. The Town actually has the address of the showroom as #322 – he suggested they address this with the Town Engineering Dept. as they have it as 322 and Balise has it as 332. He does not believe it needs to be corrected right now, but does with Engineering. Mr. Burman

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asked if they should use Map and Parcels or street numbers? Mr. Geiler stated if we give both it would cover us. Mr. Burman asked about the total number of vehicles we want to use for the location. Mr. Balise stated they will be before us shortly because of the car wash and will submit a Site Plan at that time and determine the number of vehicles. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Ford of Hyannis, Inc., d/b/a Ford of Hyannis, 332 Falmouth Road, 20, 32, 45, & 57 Corporation Street, and 574 Bearses Way, Hyannis (Map 293 Parcels 010, 011, 012, 027, 028 & 047), James E. Balise, Manger, for a new d/b/a for its Class I Auto Dealer License, Balise Ford. Show Cause Hearing: Show Cause Hearing for Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for revocation of its Junk Dealer License as a result of information presented to the Licensing Authority by Detective Sgt. John Murphy of the Barnstable Police Department at the December 7, 2009 Licensing Authority Hearing for failure to comply with the Town of Barnstable Rules and Regulations under Chapter 502 regarding non-reporting of items purchased for sale, that it purchased items which appear on a list of stolen property, and a determination that Mr. Marchetti is an improper person to hold a Junk Dealer License, to show cause why its Junk Dealer License should not be permanently revoked. A letter was received from Mr. Marchetti’s attorney requesting another continuance to our March 29, 2010 hearing. Mr. Hoxie stated the request was made for legitimate purposes and the police department has assented to the continuance provided the business remain closed and it should be continued to March 29, 2010. Another motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken to continue the suspension of the business until the Show Cause Hearing. Show Cause Hearing: Show Cause Hearing on Mallory Dock, 477 Yarmouth Road, Hyannis, MA, Mario B. Mere, Manager, as a result of a complaint received from the Town of Barnstable Health Department that it is in violation of Board of Health regulations in that it does not have a valid 2010 Food Service Permit or valid 2010 rental housing permit, and had not provided access for Board of Health required inspections, to determine whether or not the Common Victualler All Alcohol License issued for 2010 should be modified, suspended or revoked. Mr. Hoxie read aloud the Notice of Hearing. He then asked those who were prepared to testify to raise their hands. Jerry Nicolosi (for The Mallory Dock), and

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Timothy O’Connell, Board of Health, and Gil Wood, property owner, raised their hands and were sworn in. Jerry Nicolosi, represented himself as the Assistant Manager for Mallory Dock. Mr. Geiler asked where Mario was. Mr. Nicolosi stated Mario is in Florida. Mr. Hoxie called the Board of Health first. Tim O’Connell stated that he had gone to Mallory Dock to inspect with Donna Miorandi. She had had a problem getting in to Mallory Dock because their hours are after our business hours. He stated there was only 1 Serv Safe person there – they are required to have need two. The hood system sticker was not there. There was a thermostat non-functioning; dishwasher broken. Hand sink is not hands free. Walkin cooler in bad shape, but they are not using that. Sink in other area is not great but is not a critical violation. Flooring needs to be replaced. He stated that was at the bar. Mr. O’Connell then conducted inspections of the apartments. There are four. Each had violations which need to be corrected as follows: Apartment #4 – 105 CMR 410.351: Owner’s Installation and Maintenance Responsibilities: Shower in poor condition due to chipping finish, plastic around lower half which indicates it is leaking and observed rot within walls holding shower in place. 105 CMR 410.100 – Kitchen Facilities: There is not a stove and oven provided within the unit for cooking purposes. 105 CMR 410.482: Smoke detectors: There was not a functioning smoke detector within the unit. Apartment # 3 – 105 CMR 410.500: Owner’s Responsibility to Maintain Structural Elements: Ceilings near the entrance to the bathroom and within the bedroom were observed to be in need or repair due to previous water leak. 105 CMR 410.351: Owner’s Installation and Maintenance Responsibilities: Shower in poor condition due to chipping finish, wood studs holding unit in place and cracks filled with pervious material (spray foam). 105 CMR 410.100 – Kitchen Facilities: There is not a stove and oven provided within unit for cooking purposes. 105 CMR 410.482: Smoke Detectors: There was not a functioning smoke detector within the unit. Apartment #1 – 105 CMR 410.500: Owner’s Responsibility to Maintain Structural Elements: Ceilings within the bedroom and living room were not finished (needs to be painted) and had chipping and pealing paint. 105 CMR 410.482: Smoke Detectors: There was not a functioning smoke detector within the unit. Apartment #2 passed the inspection. The owner Gilbert Wood is ultimately responsible for those. They had 24 hours to deal with the missing smoke detectors. Mr. Wood is in the process of taking care of the violations, but stated he has not had access to these apartments. Tim O’Connell stated that by law he is required to notify the fire department. He stated that none of the other offenses are condemnable offenses.

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Mr. O’Connell stated the one critical offense was the dishwasher in the restaurant. Mr. Burman asked if the apartments are occupied – he stated they are. He also stated that the restaurant is open and operating. Evidently they do not have a current Food Service Permit, because Health Inspectors could not get in to inspect and get them the permit. Donna Miorandi, the Health inspector for this property, was out sick and could not attend the hearing. Mr. O’Connell stated that the apartments also do not have the required rental permit from the Health Department, which they can get if they fix the violations. Mr. Burman asked what the timeframe is to correct…he was told 24 hours for smoke detectors and 30 days (from January 28th) for the other violations. They have to answer to the Fire Department for the smoke detectors. The Fire Department has not notified Health that it has been corrected. Mr. Wood appeared as the building owner. He stated that he has not seen Mario Mere in the building for the last 3 years. He himself has never been in the building apartments for 12 years – they were supposed to be taken care of by Mario Mere. He stated that Mallory Dock is not paying all of the restaurant rent. He informed the Board that they do not have a lease. Mr. Wood has been verbally trying to get them to repair the building, which had been part of their agreement for occupying the premises. Mr. Wood stated he has no access to the apartments. The tenants go through Jerry – at the restaurant. They have never had a lease in 12 years. Mr. Hoxie stated our license is over the alcohol premises, not the apartments. Mr. Wood is asking that the license be revoked if they need a lease, as they do not have one. Mr. Burman asked Mr. Nicolosi if he had any comments. He was speechless. He stated he has done his best to work with Mr. Wood. Mr. Hoxie asked when the last time he saw Mr. Mere was; he stated that he saw him at the beginning of January. He was there from the end of December to January…will be back in April. They are closed Mondays. Their hours are 6 pm to 1 am. Mr. Nicolosi is “working” manager. He stated Donna Miorandi told him she left a card with regard to an inspection – they did not get the card. He then said that as soon as she reached him, he made arrangements for her to get in. Mr. Hoxie asked what the Manager has asked him to do with regard to this situation – Mr. Nicolosi said he was advised he should do the best he could and if it did not work to look for another location. Mr. Hoxie asked what was done with smoke detectors in the apartments; Mr. Nicolosi said he gave one to each tenant. He did not know if they had been installed. Officer Maher asked when they last served food at Mallory Dock – he stated Sunday. Officer Maher asked what they serve; he stated it is hotdogs, etc. Officer Maher asked if he has a record of the food sales. Mr. Nicolosi stated he does – and it is $15 to $100 per week.

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Mr. Geiler asked who is paying the bills – Mr. Nicolosi stated he is; Mr. Geiler asked with what? He stated with the restaurant receipts. Mr. Burman asked where the rent is, if he says it was paid. Mr. Wood stated a while back they started at $3500 and was lowered to $2500; then to a weekly fee. They then cut down to $600 on Mondays, sometimes not paid until Fridays. In the last 15 months he has only received $18,000, and that only by sending someone over there several times per week to collect it. Mr. Sullivan asked why he did not evict? Mr. Wood stated they were also supposed to maintain the building. Mr. Wood has redone the roof with his own funds. He stated he had tried to work with the Mallory Dock people because they wanted to stay there. Mr. Sullivan asked again why he does not just evict. He stated his original purchase of that property was to expand his nextdoor business in future. It used to be a successful business. He has had no contact with Mario Mere in 1-1/2 years. Mr. Hoxie wondered aloud that if he was back in April, he should get hold of him then. Mr. Hoxie stated we have an absent licensee, no lease, no food permit, and Mr. Geiler stated in addition the current license is issued to Mere and it is illegal for anybody else to utilize that license – to purchase alcohol, to pay employees, illegal to operate without 2 serv safe certified people and without the food service permit. It appears that anything that can go wrong has in this place. He said what matters now is that the license was issued to Mario Mere many years ago and he apparently is not in control of the property. It also concerned Mr. Geiler that there is a restaurant without an operable dishwasher and also refrigerator which does not work. None of these things are to the best interest of the town. He thinks we should take action until we see that Mr. Mere is operating it, maintaining it, or there is a transfer to someone else legally, with a lease. He stated that this is a very comprehensive responsibility – and the responsibility is not being met. Mr. Nicolosi stated that when the Health Inspector was there she said the other refrigerator and freezer are o.k. Mr. Geiler stated that when a dishwasher does not work at a restaurant it is fixed or replaced. Mr. Nicolosi stated that there was someone coming in to fix it, but then all this started. Mr. Wood stated the flooring is rotting; the roof started leaking which caused this. The tenant was supposed to repair all this and maintain the property. Mr. Burman asked if it were Mr. Wood’s desire it be revoked. Mr. Wood said that it was. Mr. Burman proposed findings that this particular Show Cause Hearing was properly posted and advertised, the Licensee was properly notified by personal service and all the testimony heard today is credible. His findings include no food service permit, licensee absent, no valid lease. Mr. Sullivan seconded the findings. A unanimous vote was taken that the findings be adopted.

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Mr. Burman proposed a guilty finding as charged on all counts against the restaurant. Mr. Sullivan seconded the proposal and a unanimous vote was taken for guilty findings that Mallory Dock, 477 Yarmouth Road, Hyannis, MA, Mario B. Mere, Manager, is in violation of Board of Health regulations in that it does not have a valid 2010 Food Service Permit or valid 2010 rental housing permit, and had not provided access for Board of Health required inspections, that it has an absent Manager and no lease for the licensed premises. A motion was duly made by Mr. Burman that the license be revoked immediately. Mr. Sullivan seconded that motion. The vote was unanimous to revoke the annual all alcohol common victualler license of C. C. Gama Corp., d/b/a The Mallory Dock, 477 Yarmouth Road, Hyannis, MA, Mario Mere, Manager. Ms. Ade asked if the liquor license fee for the year, which was just paid in cash a week ago, should be partly refunded. Mr. Geiler stated we will wait to hear from Mr. Mere on that. He also requested that the police department pick up the license immediately. Business Meeting: Develop a simple review process to release Executive Session Minutes. Christine Ade suggested a quarterly review be placed on the agenda for February, May, August and November.

Mr. Geiler stated we recently received notice from the Clerk’s Office that several boards had Executive Session Minutes which had not been released. He said that there are several Licensing Authority Executive Session Minutes packages over several years that are still sealed and not open to the public. It sometimes takes a long time to get through court appeals, legal review, etc. These were never brought forward, probably because after a couple of years time they were forgotten. He stated there were sessions in 1998 which may or may not have been held; the minutes for those could not be found.

Mr. Hoxie asked that the Board vote to release to the public the following Executive Session Minutes: 4/2/07, 5/5/08, 8/11/08, 9/18/08 and historic Executive Session Minutes dated 1/31/00, 4/10/00 & 7/31/00. The motion was made by Gene Burman, seconded by Mr. Sullivan and a unanimous vote taken to approve the quarterly review. However, Mr. Sullivan requested that he at least see these minutes before voting to release them. It was then decided that at next meeting to have the Board read into record the minutes they will release.

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Mr. Geiler stated those minutes will be available at the Licensing Office for the Board members to review prior to our next meeting. Mr. Geiler stated the Board was supplied with letters from two of the three establishments we were advised by the ABCC had been named by people arrested for OUI as the last place they had a drink. He stated the third had off Cape corporate offices and that is probably why we have not had a response to the letter from them. Mr. Hoxie stated no action needs to be taken by the Board on this. The hearing was adjourned at 10:45 a.m. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



February 22, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, February 22, 2010. Gene Burman, Vice Chairman, called the meeting to order at 9:30 A.M. He introduced Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Patrolman Steve Maher, Liaison Officer from the Barnstable Police Department, and Christine Ade, Recording Secretary. Chairman Martin Hoxie and Lt. JoEllen Jason, Barnstable Police Department, were absent. Hearings: One Day Beer & Wine License: Application of Sheila Bearse on behalf of Sturgis Library, 3090 Route 6A, Barnstable, for a One Day Beer & Wine License for a fundraising event to include family games and a picnic, on June 27, 2010 from 4 pm to 6 pm at the library outdoors. No-one from the Library was present. This will be continued to March 15, 2010. Mr. Geiler stated if at the library outdoors, the only issue would be parking. He thinks that in the past they worked with neighbors, etc. – just ask her to be in a position to address parking. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application to March 15, 2010. One Day Entertainment License: Application of Shelly Orvil on behalf of Seventh Day Adventist Church, P.O. Box 1711, Hyannis, MA 02601, for a One Day Entertainment License for a Variety Show with singing, dancing, rap and music, to be held on March 6, 2010 from 5 pm to 7:30 pm at The Barnstable High School Knight Auditorium. Ms. Orvil appeared for her application. It is a charity event to benefit the victims in Haiti. The church will be taking a trip there to help and she wants to do so as well. She has been approved by the school.




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A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken to approve the application of Shelly Orvil on behalf of Seventh Day Adventist Church, P.O. Box 1711, Hyannis, MA 02601, for a One Day Entertainment License for a Variety Show with singing, dancing, rap and music, to be held on March 6, 2010 from 5 pm to 7:30 pm at The Barnstable High School Knight Auditorium. New Junk Dealer License: Application of Spindle City Pawnbrokers, Inc., d/b/a Spindle City Precious Gems, Cape Cod Mall Space E127, 769 Iyannough Road, Hyannis, MA, Dennis Egan, Manager, for a new Junk Dealer License, hours of operation to be Mall hours. Mr. Egan appeared for this application; he is the Manager. They are seeking the second hand license. Mr. Burman advised it is called a Junk Dealer license even thought he term is not so palatable. Mr. Egan stated it is near Victoria’s Secret; used to be Ritz camera. Officer Maher asked if he is familiar with the regulations. Mr. Egan stated he has read the rules inside and out; will record everything by photo, respect the holding periods, keep everything on site here, not in the other store. Mr. Burman said he received notice from Mr. Fine at the Mall that everything is in order. Mr. Burman asked for public comment; there was none. A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken to approve the application of Spindle City Pawnbrokers, Inc., d/b/a Spindle City Precious Gems, Cape Cod Mall Space E127, 769 Iyannough Road, Hyannis, MA, Dennis Egan, Manager, for a new Junk Dealer License, hours of operation to be Mall hours. New Annual Wine & Malt Common Victualler License: Application of Merrill Sweet, Inc., d/b/a Sweet Tomatoes Osterville, 791 Main Street, Osterville, Merrill Sweet, Manager, for a new Annual Common Victualler Wine & Malt License, with a total of 34 seats indoors and 12 seats on an outside paved and fenced patio. Mr. Sweet appeared to advise that the ABCC wanted this application to be a NEW license so he had to return before the Board and notify abutters. The Common Victualler license will be 6 am to 8 pm. Mr. Sullivan advised that the seating total occupancy was 46 including 12 outside. Mr. Burman reiterated that the 46 is a total even if it rains and people come inside. A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken to approve the application of Merrill Sweet, Inc., d/b/a Sweet Tomatoes Osterville, 791 Main Street, Osterville, Merrill Sweet, Manager, for a new Annual Common Victualler Wine & Malt License, with a total of 34 seats indoors and 12 seats on an outside paved and fenced patio.

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Christine Ade advised the Board that the applicant would also like the common victualler license right away, until the alcohol is approved. That was approved by the Board. A five minute break was called by Mr. Burman to fix some audio problems. Transfer of Annual All Alcohol Common Victualler, Daily Live, Non-Live, Automatic Amusement and Subday Entertainment Licenses: Application of Ocarina, Inc., d/b/a Bud’s Place, 959 Bearses Way, Hyannis, MA, Paul J. Reardon, Owner, to transfer its Annual All Alcohol Common Victualler, Daily Live, Non-Live, Automatic Amusement & Sunday Entertainment Licenses to House of Bud’s, Inc., d/b/a House of Bud’s, Candace Chambers, Manager. Mr. and Mrs. Reardon, along with the proposed new owners, appeared for this application. The Reardons are selling the business to Ms. Chambers and Mr. Townsend. They will be staying on board through the transition period to make sure everything goes smoothly with vendors, etc. Candace Chambers has grown up with food, waitressing, catering her whole life. Tim is from the Catskills and they had a restaurant with alcohol there. She is aware of the seating being reduced because of the capacity problems at state level. She is TIPS certified and very aware of people coming in and out and if a person is unruly they are gone. Mr. Geiler asked for her vision of the new place. She stated that the bands and karaoke are going to be up a notch – and geared for all age groups. They are changing to a deli-style food menu. Food will be more important than in the past. They may even have a roast turkey night. She then stated that the visual aspect will be an asset to the area – it will be spruced up a bit. Mr. Geiler asked if they have any plans with the sprinkler system; she said she has to look into the price of the installation; and Mr. Geiler stated that the water source at the street he believes is adequate. He does not think the main has to be upgraded and made her aware the black cloud is over the capacity of 99 – it used to be 150. She stated they will be looking at that issue and vigilant to stay under the 99. Mr. Geiler asked how long there was a Reardon at Bud’s. Mr. Reardon stated there has been a Reardon there for 30 years. Mr. Burman asked for public comment – there was none. A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken to approve the application of Ocarina, Inc., d/b/a Bud’s Place, 959 Bearses Way, Hyannis, MA, Paul J. Reardon, Owner, to transfer its Annual All Alcohol Common Victualler, Daily Live, Non-Live, Automatic Amusement & Sunday Entertainment Licenses to House of Bud’s, Inc., d/b/a House of Bud’s, Candace Chambers, Manager.

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New Annual All Alcohol Common Victualler License: Application of Macaab, Inc., d/b/a Cape Cod Pizza and Subs, 10 Seaboard Lane, Unit K, Hyannis, MA, Aaron Boutiette, Manager for a new annual All Alcohol Common Victualler License, hours of operation to be 11 am to 1 am. Aaron and Christian Boutiette appeared for their application. The brothers are taking over the old Spiritus Pizza. They will make it more of a restaurant than takeout place. They have 40+ years experience combined. Christine Ade advised that there is a ZBA decision from way back limiting this to 20. The Boutiettes will go to ZBA in the future to see about getting more seating. Mr. Burman stated the school and church were notified and have not responded in the negative. They attended services at the church and met the Pastor and Deacon of the Church to give them a face to go with the abutter notice. They have not heard from the school. There will be a counter with a few seats. There will be a takeout area. To the right is about 5 seats and there are other tables and benches. There is a handicapped seating area. Both brothers will be at the restaurant. They are both cognizant of the rules and regulations. Everyone will be carded. Aaron has run security for years, all the way back to college days, citing Steamers, the Boathouse, the Courtyard in Bourne and as a part-time bartender. Mr. Sullivan stated there will be a lot of underage people there at a pizza place. Mr. Boutiette said they are putting a mirror in the one spot that cannot be seen easily from the bar. Officer Maher stated he is familiar with both men and has never had a problem with either one. Mr. Geiler stated the applicant has a good background in the business. Given the nature of the business and schools nearby he would suggest that alcohol be served at the tables ONLY; not by people coming up to the bar itself. That would ensure there is not an issue of who gets the alcohol. Mr. Burman stated he had the same concern with the school and kids coming in. Gary Brown appeared in support of this application. He said he has known them for years. Has always seen professional treatment by both men. Mr. Sullivan stated this discussion makes the board’s concerns apparent for them. Mr. Boutiette said he is now 40; they all look young to him now. He is not looking for rowdy but family and is very aware of the age of the high school children who will be coming in. Mr. Geiler asked about their vision of food – pizzas, subs, fried desserts, slices available; working man’s lunches, lasagna, chicken parmesan. They have a lot of

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grill and oven space and are tailoring the menu towards that. Both guys and two chefs will open the place. Once summer is in full swing they will help out. Gene Burman and Mr. Geiler asked about the name (Cape Cod Pizza and Subs) which is a name of a good restaurant in Brockton; they will go with it for now but plan to change the dba in future. It was noted that the total seating allowed per a ZBA decision is 20. They also wish to open as a restaurant only for now until the alcohol is approved. The motion should also be made to include alcohol service at the tables only or bartender at the counter. Mr. Geiler clarified they can order the alcohol at the counter but it must be served where they are seated. It is a little cumbersome but given the customer base it makes sense. A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken to approve the application of Macaab, Inc., d/b/a Cape Cod Pizza and Subs, 10 Seaboard Lane, Unit K, Hyannis, MA, Aaron Boutiette, Manager for a new annual All Alcohol Common Victualler License, hours of operation to be 11 am to 1 am and a common Victualler license until the alcohol license is approved, with the restriction that alcohol service will be at the tables only or by waitstaff at the counter. Business Meeting: The following issues were held from the prior meeting: Board vote to release to the public the following Executive Session Minutes: 4/2/07, 5/5/08, 8/11/08, 9/18/08 and historic Executive Session Minutes dated 1/31/00, 4/10/00 & 7/31/00. A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken that after review, the Board voted to approve the release of the following Executive Session Minutes: 4/2/07, 5/5/08, 8/11/08, 9/18/08 and historic Executive Session Minutes dated 1/31/00, 4/10/00 & 7/31/00. Board Vote to record in public session that historic Executive Session Minutes dated 8/24/98 and 10/5/98 cannot be located to release. Mr. Geiler asked to amend the language in the vote on this issue to include the fact that we are not sure the historic sessions ever took place. A motion was duly made by Paul Sullivan, seconded by Gene Burman and a unanimous vote taken that after review the Board voted to record in public session that historic Executive Session Minutes dated 8/24/98 and 10/5/98 cannot be located to release; we are not positive a session actually took place even though it may have

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been posted to be safe. In searching the records we can find no evidence of Executive Sessions on those dates. Mr. Burman thanked whomever it was who brought this to light. Mr. Geiler stated Linda Hutchenrider has been working hard to get this done for all the Boards. He stated if something is in court on appeal, it is easy to forget to release the minutes if it drags on for many years. We are now up to date and will in future report quarterly to the Board any Executive Minutes which have not been released. That will keep us from forgetting anything. Mr. Sullivan also praised the Town Clerk. Auto dealer responses to memo regarding total number of vehicles on lots were brought up for discussion. Mr. Geiler stated we will hold it until the first meeting in March for a Board decision on what to do. He stated there are not as many responses as we would have expected – only three so far. He stated we are asking them to comment on something which does not exist yet. It will be discussed at a public hearing in conjunction with the Building Commissioner. Mr. Sullivan stated the basic gist is that the lots all have a total capacity number for the police department. Officer Maher stated one is the enforcement issue. In fairness to those who are limited, the others who don’t have numbers should. He can also think of a couple with many many cars parked up against a building – this could be a safety issue. One dealer commented that the police are looking for a hard and fast number; he stated that yes, they are. That is the point of this exercise, to have everyone playing on an equal field. It is also an aesthetic issue for some. There are 72 dealers in town – so it takes a long time to do. Officer Maher advised he does it at night and it takes 3 days to do. Adjourned at 10:20. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



March 15, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, January 11, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Two One Day Entertainment Licenses: Application of Janet Gow for Friends of Sturgis Library, 3090 Main Street, Barnstable, MA, for two One Day Entertainment licenses for Friday, August 20, 2010 and Saturday, August 21, 2010 for its annual Antique Show and Sale to be held at the Barnstable/West Barnstable Elementary School, 2463 Main Street, West Barnstable from 10 am to 5 pm Friday and 10 am to 4 pm Saturday. Janet Gow appeared for this application. She explained that it is their annual antique show with food held at the Barnstable/West Barnstable Elementary School. Admission is $6.00. She said she has a permit from the Health Dept. They make enough in 2 days to support the children’s program at the library for the year. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Janet Gow for Friends of Sturgis Library, 3090 Main Street, Barnstable, MA, for two One Day Entertainment licenses for Friday, August 20, 2010 and Saturday, August 21, 2010 for its annual Antique Show and Sale to be held at the Barnstable/West Barnstable Elementary School, 2463 Main Street, West Barnstable from 10 am to 5 pm Friday and 10 am to 4 pm Saturday. One Day Wine Only License: Application of Laurie Tranchell on behalf of Baybridge Clubhouse, 278 Main Street, Hyannis, for a One Day Wine Only License for its 3rd annual fundraising event, “Dessert First, a Chocolate Soiree,” on April 8, 2010 from 3:30 pm to 8 pm at the JFK Museum/Library.




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Ms. Tranchell said this is their 6th annual, the 3rd at the museum. Theirs is a program for adults with mental illness benefits from this. They serve a champagne fountain. Restaurants donate for their silent auction. Admission is $20. Mr. Burman asked who is handling the alcohol – Ms. Tranchell is dispensing with another individual; they put a stamp on the hands of those whose id’s have been checked. Christine Ade advised we have a State Safety Certificate for the JFK. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Laurie Tranchell on behalf of Baybridge Clubhouse, 278 Main Street, Hyannis, for a One Day Wine Only License for its 3rd annual fundraising event, “Dessert First, a Chocolate Soiree,” on April 8, 2010 from 3:30 pm to 8 pm at the JFK Museum/Library. Two One Day Entertainment Licenses: Application of Margaret Van Sciver on behalf of Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, MA 02632, for two One Day Entertainment Licenses for Boston Pops and three pre Pops performance groups for Saturday, July 31, 2010 from 5 pm to 7:30 pm and Sunday, August 1, 2010 from 1 pm to 7:30 pm on the Hyannis Village Green. Maggie Van Sciver appeared for her application. This is the 25th anniversary event – Mr. Hoxie stated as good as ever. Mr. Burman asked something about the event – was told it is the only time the POPS comes to the Cape in the summer. Tony award winner who is in Glee, was in Rent and other shows. Christine Ade advised we have a State Safety Certificate for Cape Cod Art Association. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Margaret Van Sciver on behalf of Arts Foundation of Cape Cod, 3 Shootflying Hill Road, Centerville, MA 02632, for two One Day Entertainment Licenses for Boston Pops and three pre Pops performance groups for Saturday, July 31, 2010 from 5 pm to 7:30 pm and Sunday, August 1, 2010 from 1 pm to 7:30 pm on the Hyannis Village Green. One Day All Alcohol and One Day Entertainment Licenses: Application of Paul Covell on behalf of Barnstable County Deputy Sheriffs Office, P.O. Box 3028, Pocasset, for a One Day All Alcohol License and One Day Entertainment License (one guitar player) for a fundraiser for the Sheriff’s Youth Programs to be held on March 26, 2010 at St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, MA from 6 pm to 12 midnight. Mr. Covell appeared for his application which has been held for a decade now without incident. Alcohol dispensed by members of the sheriff’s assn. The tickets are $100 for the event including a raffle.

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Christine Ade advised we have a State Safety Certificate for the Greek Orthodox Church. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Paul Covell on behalf of Barnstable County Deputy Sheriffs Office, P.O. Box 3028, Pocasset, for a One Day All Alcohol License and One Day Entertainment License (one guitar player) for a fundraiser for the Sheriff’s Youth Programs to be held on March 26, 2010 at St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville, MA from 6 pm to 12 midnight. One Day Beer & Wine License: Application of Sheila Bearse on behalf of Sturgis Library, 3090 Route 6A, Barnstable, for a One Day Beer & Wine License for a fundraising event to include family games and a picnic, on June 27, 2010 from 4 pm to 6 pm at the library outdoors. Mr. Prince, Trustee of the Library, appeared for the event, which is a donation event. Cape Cod Beer is donating the beer and wine. Mr. Burman asked if it is outdoors? He is concerned about neighbors…Mr. Prince stated one is the Historical Society and it is only 2 hours. St. Mary’s has allowed them to use their 70 space parking lot for the event. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Sheila Bearse on behalf of Sturgis Library, 3090 Route 6A, Barnstable, for a One Day Beer & Wine License for a fundraising event to include family games and a picnic, on June 27, 2010 from 4 pm to 6 pm at the library outdoors, providing they use a licensed wholesaler. One Day Beer & Wine License: Application of Olive Chase/The Casual Gourmet on behalf of Cape Cod Academy, 55 Osterville-West Barnstable Road, Osterville, MA, for a One Day Beer & Wine License for a school fundraiser to be held on March 27, 2010 from 4 pm to 9 pm. This is a fundraiser auction and buffet dinner. Christine Ade advised we have a State Safety Certificate for Cape Cod Academy. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Olive Chase/The Casual Gourmet on behalf of Cape Cod Academy, 55 Osterville-West Barnstable Road, Osterville, MA, for a One Day Beer & Wine License for a school fundraiser to be held on March 27, 2010 from 4 pm to 9 pm with all alcohol to be purchased from a licensed wholesale dealer. One Day All Alcohol License: Application of Olive Chase/The Casual Gourmet on behalf of Duffy Health Center, 105 Park Street, Hyannis for a One Day All Alcohol

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License for a fundraiser at Rectrix Aerodrome, 730 Barnstable Road, Hyannis, MA to be held on May 21, 2010 from 5 pm to 10 pm. Olive Chase appeared for the application. This is also an auction and dinner fundraiser for Duffy and celebration of the documentary the TV has done about the Duffy Health Center. Mr. Burman asked about issues with Rectrix; Christine Ade advised we have a State Safety Certificate for Rectrix Aerodrome. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Olive Chase/The Casual Gourmet on behalf of Duffy Health Center, 105 Park Street, Hyannis for a One Day All Alcohol License for a fundraiser at Rectrix Aerodrome, 730 Barnstable Road, Hyannis, MA to be held on May 21, 2010 from 5 pm to 10 pm with all alcohol to be purchased from a licensed wholesaler. One Day Entertainment License: Application of Lois Andre on behalf of Rotary of Hyannis, P.O. Box 39, Hyannis, MA 02601, for a One Day & Sunday Entertainment License for its annual Rotary of Hyannis Home & Garden Show featuring vendors from local businesses in the home, financial, landscaping industries, etc. to be held at Barnstable High School, 744 West Main Street, Hyannis on Saturday, March 27, 2010 from 9 am to 6 pm and Sunday, March 28, 2010 from 10 am to 5 pm. Lois Andre appeared for her application Cecelia Carey is with her and she is the Treasurer of the club. It is their major fundraiser for the good works fund. They may have some face painters and clowns. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Lois Andre on behalf of Rotary of Hyannis, P.O. Box 39, Hyannis, MA 02601, for a One Day & Sunday Entertainment License for its annual Rotary of Hyannis Home & Garden Show featuring vendors from local businesses in the home, financial, landscaping industries, etc. to be held at Barnstable High School, 744 West Main Street, Hyannis on Saturday, March 27, 2010 from 9 am to 6 pm and Sunday, March 28, 2010 from 10 am to 5 pm. New Common Victualler License: Application of Patricia Mersky, d/b/a Osterville Village Café, 3 Wianno Avenue, Osterville, MA, Patricia Mersky, Manager, for a New Common Victualer License, the hours of operation to be 7 am to 5 pm. Mrs. Mersky appeared for her application and requested we change the hours requested to 7 – 9 pm, to covet more ice cream business. This was the old Osterville News Stand. Mr. Burman asked if the name has been resolved and she stated it has.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Patricia Mersky, d/b/a Osterville Village Café, 3 Wianno Avenue, Osterville, MA, Patricia Mersky, Manager, for a New Common Victualer License, the hours of operation to be 7 am to 9 pm. New Class II Auto Dealer License (Change of corporate name): Application of Nantucket Auto Sales, LLC, d/b/a Nantucket Auto Sales, Myron J. Sears, Manager, for a New Class II Automobile Dealer’s License, 89 Bassett Lane, Hyannis, MA, maximum of 18 total vehicles on the property, hours of operation: 8 am to 5 pm, Monday through Saturday. Mr. Hallett, co-owner appeared for their application. This is a corporate change only – same everything else except has changed to an LLC. Mr. Sullivan stated it used to be 15 for display, now is 18 total. Mr. Hallett said he understood. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Nantucket Auto Sales, LLC, d/b/a Nantucket Auto Sales, Myron J. Sears, Manager, for a New Class II Automobile Dealer’s License, 89 Bassett Lane, Hyannis, MA, maximum of 18 total vehicles on the property, hours of operation: 8 am to 5 pm, Monday through Saturday. New Seasonal Common Victualler All Alcohol, Daily Live, Non-Live and Sunday Entertainment Licenses and Pledge of License: Application of 9 Lives Corp., d/b/a Black Cat Tavern, 165 Ocean Street, Hyannis, MA, Scott Brownlee, Manager, for a New Seasonal All Alcohol Common Victualler License with total seating of 146 with 40 outside, and Daily Live, Non-Live and Sunday Entertainment Licenses, entertainment to be 11 am to 12:45 pm. They are also requesting pledge of the license to bank of Cape Cod. Mr. Colombo, President & Treasurer and Mr. Brownlee, co-owner and proposed Manager appeared for this application with Dan Creedon, Esq. He stated for 29 years Mr. Colombo has run The Roadhouse Café. Everyone at this location will b TIPS trained. Mr. Brownlee has 11 years in the business at Alberto’s & then was Bar and Day Manager at Colombo’s. They are requesting daily live, non-live and Sunday entertainment and a pledge of the license. They will be open 11 – 1 and entertainment 11 am to 12:30 am. This is a new application – 146 inside, 40 outside, 20 standees in the bar and maximum of 20 employees on the floor at any time. Board of Health has approved subject to addition of a bathroom upstairs. They will be doing that. Mr. Hoxie asked if the seating is the same as the prior license. The prior was a little less but layout etc. has been approved by Health and Tom Perry. The original plan came in without the standees but it has now been added and signed off. Tom Perry approved the plan. They plan to close the 2nd or 3rd of January. They don’t want to water down attendance at their other two restaurants for the winter months (Roadhouse and Colombo’s).

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Peter O’Keeffe came forward representing the old Black Cat. He stated they are in favor of the Board granting these licenses. They will relinquish their right to a license if the new people are approved. Mr. Burman asked what the total building capacity for inside will be and whether the outside people will come in if it rains. They stated they have a canvas with sides for the outdoor 40. The total inside number excludes kitchen employees. He said there is 178 in and 40 out. Mr. Burman asked Mr. Perry for his numbers. Mr. Perry said the original plan showed 146 and 40 outside; but there is a revised plan showing employee number (12) and standee number (20). Kitchen people were never in the calculation – they don’t come out on the floor. The kitchen would be 8 maximum but there is more than enough square footage in the kitchen to accommodate those employees. Officer Maher asked if the bar area is broken down by # at the bar? Mr. Perry stated 20 standees in the bar. They showed 40 seats in the lounge and 20 standees in the lounge. Officer Maher stated the kitchen is not part of the count to take into consideration. Mr. Perry is satisfied with the 146 seats and enough room for the 20 standees and 12 employees. He didn’t realize it is waitstaff but said another 8 or so in the kitchen is fine. Officer Maher stated each room’s certificate has to have it’s own number. Mr. Perry said it will. Officer Maher stated they will be looking for 178 or less. Mr. Geiler stated we can rewrite the premises description to reflect the Board’s vote. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of 9 Lives Corp., d/b/a Black Cat Tavern, 165 Ocean Street, Hyannis, MA, Scott Brownlee, Manager, for a New Seasonal All Alcohol Common Victualler License with total seating of 146 and total number 178 inside (ti include 20 standees and 12 employees) plus 40 outside, and Daily Live, Non-Live and Sunday Entertainment Licenses, entertainment to be 11 am to 12:45 pm and pledge of the license to Bank of Cape Cod. Business Meeting: Last drink letter response – Tommy Doyle’s. Mr. Geiler stated we had received a response from Tommy Doyle’s on the last drink issue, Officer Maher stated he had read it and is satisfied they understand the severity of the alleged infraction. Auto Dealer discussion regarding finalization for public hearing for requirements for setting a total number of vehicles on auto dealer lots for those who do not have them at present. Mr. Geiler stated we sent notice to all the auto dealers regarding the issue of possibly amending the regulations. We did receive comments from just a few dealers. Discussions have taken place with Hyannis Fire and Building and Mr. Burman to get to where we want to go for total vehicle numbers on lots. The big question is how do we get there. Before we put it on paper we need to review this today.

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Mr. Geiler asked Officer Maher and Lt. Jason to address it first. Officer Maher stated that, basically what happened was as we became more and more involved with the enforcement of Class I and Class II Dealers, in going around to the different auto sales facilities, I’m sure you’ve seen them, many are parked in an orderly manner. It is very easy just to go in there and check if they meet the requirement it says on their license. However, there are other dealerships, perhaps because they’ve been in business so long or any number of other reasons, that don’t have the vehicle capacity on their license. There are a few in Town that have taken advantage of that fact NS have created a situation where at some point we can’t even get into their parking lot because there are so many vehicles there. A lot of the times we do these inspections at night which makes it easier to just have a total number of vehicles involved. Even if we were to do them during the day it would be very simple for us just to drive in, count the number of vehicles there and find out whether they are at capacity or not. The other thing that has come up during discussions of the changes proposed is safety and how the vehicles are parked around a building and whether it creates a fire hazard for any fire department to have to go and possibly have to work within the structure of the building when vehicles are parked around the building, and then finally we also discussed having some type of plot plan or a parking plan or diagram that would be readily available to the police department or any other agency so that if we were to go in and ask for a copy of that we could just look to see the cars and see if the vehicles are parked where they are supposed to be parked and that has come up quite a bit in the last few months in doing enforcement of some of the Class II Dealers and even Class I Dealers. There’s been over the last couple of months a number of complaints, and I know that goes from one dealer to another on how cars are parked and how many and things like that, but it would be helpful if we had some type of diagram of where vehicles could be parked so there is no confusion as to where things are and where they aren’t to be. Mr. Hoxie stated the auto dealers should all have an available plan they adhere to. Mr. Burman stated he was probably the instigator in moving this forward. He stated it is Tom Perry’s final decision what those numbers will be. Mr. Perry stated a lot of times it is the older dealers who have been here a long time and never went to Site Plan Review, never had a capacity set on their lots. They have done their best on all the new ones. Officer Maher stated that part of the concern is that the perception is that we are trying to reduce the number of vehicles. Most Class I Dealers have off site storage where they keep extra vehicles like Honda, Volkswagen, Toyota, Chevy…all have off site parking. It would be very helpful, not just for me because I am so involved in it but the Lieutenant could send an officer down to make sure the vehicles are where they are supposed to be. All they have to do is walk in, get the particular plan, look at it and go out, make sure it matches and they are done. It would make things a lot easier for us and keeps everybody in Town on the same page, #1. I think if you look at Yarmouth Road and that being one of the major egresses into the Town, it would certainly create a better atmosphere for people driving into Town if things looked a lot better than they do now. To take it a step further, if you look at West Main Street and even parts of 132, where vehicles are parked up on grass and things like that, it’s an aesthetic thing within the Town. And then finally, and most importantly, is the safety aspect with the fire department where if you look at some of these Class I and Class II Dealers with vehicles parked 3 deep against the building, if you ever had to get in and do something there is going to be a problem.

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Mr. Burman stated that come January 1, 2011 every dealer must have a plan and number capacity from Building and Fire before we will grant the licenses. Mr. Perry stated how can we require them to change what they have been doing for years? The Building Commissioner has no authority to set the numbers OUTSIDE but in Town Ordinances there is something requiring a site plan review of NEW businesses. Mr. Geiler stated that all the departments sit down and come up with something that meets current zoning requirements, respects neighbors and meets public safety standards and new green space requirements and traffic patterns. This is the only regulation we have currently. Many of the older businesses have nowhere to expand. Their capacities would be significantly reduced under today’s requirements. That is something which must be put in place by the Licensing Authority. It will affect all in a different way as far as what they can and can’t do. They will be caught because the Town will be pushing for less vehicles and manufacturer pushing for more vehicles. The Town is trying to get the vehicles in a semblance of order for aesthetics and safety. Mr. Geiler said the problem is applying today’s standards to yesterday’s businesses which do not have plans for parking and numbers for parking. Also, several sites have property occupied by more than one business. In those cases, delineation of business A, B and C could perhaps be implemented. Mr. Burman wondered about renewal time for requiring them to have a plan. Mr. Perry said perhaps site plan review could be changed to include older businesses and issues like these. Officer Maher stated a lot have off site storage parking anyways. Mr. Hoxie asked if in the name of public safety that we ask ALL dealers to have this parking plan for safety? Mr. Geiler stated he does not disagree, it makes a lot of sense. But in order to get there we have in place only one mechanism – site plan review for new licenses and today’s standards, which are much stricter. Mr. Burman asked of the Lt. from Fire perhaps could shed some insight on that. Deputy Chief Frank Pulsifer, Barnstable Fire came forward. The Fire Department has jurisdiction to designate access on certain properties – low impact properties. They do have under the statute where they can designate entrances and egresses. Also they can designate fire lanes on these properties (CMR 10). Finally CMR 14 can restrict these businesses for flammable or combustible storage permits for gasoline, diesel, paints, etc. When they come in for this, the Fire Department can restrict, and they do have limited authority to make some judgment calls where vehicles are placed. Mr. Burman stated it is not the intent to restrict or cut back on numbers – just to allow us to count the numbers of vehicles against what is allowed on each property. Mr. Burman stated he goes along with the entrances, exits, traffic flow and number of vehicles on the plans we ask for. Lt. Jason asked how many do not have numbers now. She suggested perhaps we can ask them to volunteer a number themselves. Officer Maher stated there are about 20. Mr. Hoxie asked to

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have a public hearing to discuss this. Mr. Sullivan stated he would like some discussion. Mr. Geiler stated if we can give them an idea how we are going to reach the numbers it would help these dealers in question. Site Plan is fairly cut and dried as far as the numbers are concerned. He used Saturn as an example. The number is probably ½ the number of other dealerships of the same size, because it reflects all of TODAY’s requirements. The dealers want to know how we are making this decision. Mr. Geiler stated there is really no provision allowing grandfathering. Deputy Chief Pulsifer stated it is done through site plan review or when a building is constructed. They have been using gentlemen’s agreements with the older ones. Mr. Geiler stated again perhaps we can ask the dealers to give us a number they can live with – then site plan would be out of the picture. That might be something the auto dealers would be willing to look at. Mr. Geiler stated he can think of at least 6 places this will kill as far as numbers alone go. There is a potential issue. He stated even the Police Department would not like to see this imposed to the detriment of these licensees. Mr. Burman suggested a letter be sent for a meeting for discussion of vehicle numbers on lots and how the parking is laid out. Mr. Hoxie stated he thinks that should be a public hearing directed at public safety. Mr. Perry stated it is the nature of the business – the manufacturers are shoving the vehicles down their throats. Officer Maher stated for the most part this is not just the new car dealers – several are Class II which have vehicles all hodgepodge on the lots. Ask them all to bring in a parking plan to the meeting. Mr. Hoxie stated that would have to be requested AFTER a public hearing. He stated each fire department should be involved. Mr. Geiler stated the Hyannis Fire Inspector has had no problems that have not been corrected. He is not aware of any safety violations out there and Fire is doing a good job. He is concerned if we have a meeting, we put the people on notice of what we are looking at. He said it would be unfair to not let them know the numbers may be greatly reduced. If it is Site Plan we will require, that can cost several thousand dollars to go through the process. Mr. Hoxie asked if Site Plan has jurisdiction over this? Mr. Geiler stated it does not at present. If the Licensing Authority came up with a ruling that all auto dealers must go through site plan they then could be utilized. Mr. Hoxie stated we should not just notify them of a public hearing but that it could affect their operation as we might have limits on the lots. May 3rd is the hearing date Mr. Hoxie proposed for this hearing. Mr. Hoxie thanked Mr. Perry and Deputy Chief Pulsifer.

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Mr. Geiler stated we received another letter from the last establishment to receive notice of a last drink reported at that location. Officer Maher stated he has read the letter and is satisfied. The meeting was adjourned at 10:45. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



March 29, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, March 29, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Lt. JoEllen Jason was absent. Hearings: Show Cause Hearing: Show Cause Hearing for Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for revocation of its Junk Dealer License as a result of information presented to the Licensing Authority by Detective Sgt. John Murphy of the Barnstable Police Department at the December 7, 2009 Licensing Authority Hearing for failure to comply with the Town of Barnstable Rules and Regulations under Chapter 502 regarding non-reporting of items purchased for sale, that it purchased items which appear on a list of stolen property, and a determination that Mr. Marchetti is an improper person to hold a Junk Dealer License, to show cause why its Junk Dealer License should not be permanently revoked. This hearing was continued again as the police sergeant who called for this hearing could not attend this morning due to an emergency last evening. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to continue this Show Cause Hearing to May 3, 2010. Two One Day Beer and Wine and a One Day Entertainment License: Application of John Maher on behalf of Holy Ghost Society of Santuit and Cotuit, 53 Main Street, Cotuit, for its annual Portuguese Feast for two One Day Beer & Wine Licenses (Saturday and Sunday) and an Entertainment License for Saturday only for a 4-5 entertainer band from 5 pm to 11 pm (June 19th) and June 20, 2010 with beer and wine from noon to 6 pm.




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Mr. Maher appeared for this application. It is the 119th annual feast. He stated he has not been there that long. No questions were posed by the Board. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Holy Ghost Society of Santuit and Cotuit, 53 Main Street, Cotuit, for its annual Portuguese Feast for two One Day Beer & Wine Licenses (Saturday and Sunday) and an Entertainment License for Saturday only for a 4-5 entertainer band from 5 pm to 11 pm (June 19th) and June 20, 2010 with beer and wine from noon to 6 pm. One Day Beer & Wine License: Application of Elizabeth Butler on behalf of Centerville Public Library, 585 Main Street, Centerville for a one day Beer & Wine License for a fundraising event to include wine tastings and food from local restaurants and caterers. The event will be held on May 15, 2010 from 4:30 pm to 7:30 pm at the Library. Elizabeth Butler appeared for her application. She is the Library Director. This is their big fundraiser – they raise about $15K. Cape Cod Package Store and Cape Cod Beer provide the tastings and will do the pouring. Mr. Hoxie verified they have a State Safety Certificate for the first floor only. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Centerville Public Library, 585 Main Street, Centerville for a one day Beer & Wine License for a fundraising event to include wine tastings and food from local restaurants and caterers. The event will be held on May 15, 2010 from 4:30 pm to 7:30 pm at the Library. One Day Entertainment License: Application of John J. Welsh on behalf of St. Francis Xavier Church, 370 South Street, Hyannis, MA for a One Day Entertainment License for a performance of sacred and secular choral music by the 30+ voice choir, We Are the Men, on Friday, April 9, 2010 from 7:30 pm to 9:00 pm. John Welsh appeared for his application. He represents the church and the choir. They think they are pretty good. Admission is $15.00. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of John J. Welsh on behalf of St. Francis Xavier Church, 370 South Street, Hyannis, MA for a One Day Entertainment License for a performance of sacred and secular choral music by the 30+ voice choir, We Are the Men, on Friday, April 9, 2010 from 7:30 pm to 9:00 pm. Change of D/B/A: Application of North Street Steakhouse and Sports Bar, 72 North Street, Hyannis, Edmund M. Richardi, Jr., Manager, for a change of d/b/a to The Steak House Sports Bar. Barbara Komenda appeared for this application.

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Officer Maher stated there have been no problems with this licensee since they opened. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of North Street Steakhouse and Sports Bar, 72 North Street, Hyannis, Edmund M. Richardi, Jr., Manager, for a change of d/b/a to The Steak House Sports Bar. Amend Daily Non-Live Entertainment License: Application of Seaside Pub on Main, 615 Main Street, Hyannis, Uy Phu, Manager, for permission to amend its Daily Non-Live Entertainment License to allow outside speakers (non-amplified) on their front patio during the sidewalk café season (April 1 to November 15) from noon to midnight. Mr. Phu appeared for the application. It will not be amplified. There will be a regulated zone for the patio area. He is aware of the letter from Mr. Forman and stated that they have come to an agreement. They have each compromised, as the owner has tenants there year around now. They have agreed to a “tester” entertainment for closing at 11 pm; agreed to by Mr. Forman. Mr. Sullivan states that they want this from April 1 to November 15th. Their request if this goes smoothly, is for permission to have this until midnight if the unit owner, Mr. Forman, agrees. Mr. Burman asked how you could hear it without amplification; Mr. Phu stated that this zone is a separate low volume zone for ambient dining music only. The volume is constant. Mr. Burman asked how the police can judge how disturbing the volume is. Ptl. Maher stated there are 5-6 places with outside speakers of different types. They check to see how loud it is by driving down the street; if they can hear it - it is too loud. He stated with this one, we will find out right away that there is a problem from Mr. Forman. Mr. Sullivan wanted him to know the individual who wrote in is the same one who wrote in while the last owner ran the restaurant. Mr. Phu stated he is aware of that and even Mr. Forman’s letter states he is in agreement if it is kept low and outside. Mr. Burman reiterated his license is in jeopardy if they violate what they are granted today. Mr. Hoxie stated he has no objections. Mr. Geiler stated we do not have any authorized outside speakers on the sidewalk; a few are on their own property, and we have had problems because of that. Mr. Geiler asked the Board if we want these outside speakers up and down Main Street everywhere. Officer Maher stated Fresh Ketch and Schooner’s do it already. Mr. Hoxie suggested we give them a chance, and that it will enhance the ambience of this restaurant and downtown. Mr. Geiler asked what type of music? Mr. Phu advised it will be the same as inside; a constant low volume outside during the season for attracting people to the restaurant. They will be consistent by having it on all the time. Mr. Geiler stated that he is not sure having these speakers dueling up and down the street is a good idea. He said that they do not have room on their own property for it not to be heard off the property. Mr. Phu said that the speakers will angle downward, and there is a Harley shop nextdoor which is in agreement too. The BID is in favor. Mr. Sullivan stated if others are doing it, he is comfortable. Mr. Burman asked if speakers will be on Sea Street? Mr. Phu stated they will not.

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A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Seaside Pub on Main, 615 Main Street, Hyannis, Uy Phu, Manager, for permission to amend its Daily Non-Live Entertainment License to allow outside speakers on their front patio during the sidewalk café season (April 1 to November 15) from noon to midnight. Mr. Geiler asked to have the wording “non-amplified” removed from the motion. The Board agreed. New All Alcohol Common Victualler License, Daiuly Live, Non-Live and Sunday Entertainment Licenses: Application of Buksport, Inc., d/b/a Timmy B’s Bar & Grill, 415 Main Street, Hyannis, MA, Timothy Buchanan, Manager, for a New Annual All Alcohol Common Victualler License (total interior seating for 227, outside seating for 84), Daily Live, Non-Live and Sunday Entertainment Licenses Licenses (M, T, W, Th 5 pm – 12:45 am; F, Sat, Sun 3 pm – 12:45 am with 2-5 entertainers; 1-2 entertainers on outside patio). Tim Buchanan appeared for his application. This was Asa Grill and formerly Grille 16. He ran Keepers in Osterville and stated it is a great opportunity for him and for the landmark building on Main Street. He hopes to be an asset to the BID and Main Street. He stated he will be an edge up from the old Starbuck’s – an American Bistro; not upscale pricing; $14.95 - $24.95 entrees. It will cater to a 30+ demographic and so will the entertainment. He feels Star City Grill was never replaced for the people in Hyannis and all the folks who used to go there were displaced. This will serve for these people. Not too pricey and fun for a little older folks. He would like to stay open year round. Mr. Geiler stated there is financial information missing from the application. Mr. Buchanan stated the place is turn-key. He is going in on a shoestring. Everything is operable. The 1st month’s rent is not due until the approval comes from the ABCC. His agreement with the landlord is great; he will be on site all the time – in the kitchen; and out front. Every server will be TIPS trained. His lease is for one year with a 6 year option. The landlord is giving him a break on the rent. The landlord does not want to turn the property over every year. Mr. Buchanan would love to buy the building in the future if he can swing it. He is using his own money to supply the alcohol to open. He said he has a great relationship with the wholesalers; was never late with their payments (due in 60 days – he usually paid within 7). Mr. Hoxie stated he has one OUI; are there others? He stated this is the only one and he owns it, will not do it again, he is very conscious of it. Mr. Burman asked about the potential problem with the outside seating; how will he control the service of alcohol on the patios? He stated he will be out there consistently. Everyone under 30 will be asked for ID at least twice. He does want families on the patio. He will be vigilant and his staff will be vigilant as well especially for the patio. Mr. Burman stated he wanted them to know the servers are

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at risk as well as the owners if a drink is handed to a customer underage. They should be checking IDs. Mr. Buchanan stated in hiring, he will stay away from foreign people who do not speak English for positions of servers of alcohol; he will commit to the bartenders all being TIPS trained. There are products out there which he will invest in once he gets going to help identify and monitor people who do not have valid ID. He had no problems at Keepers. He told Mr. Burman he understands the concern. He wants the health department to be proud of the kitchen. He wants good service, no loud music. Wants to be a valuable part of the community. Mr. Buchanan does not intend to serve upstairs – right now it is storage and paperwork. He will eventually keep his realty office up there as well. Does not want people going up and down those stairs. Mr. Sullivan states it is a busy patio; he wanted to make sure they are careful of passing drinks to people on the sidewalk. Mr. Buchanan said he wants what was pre-existing for hours. He stated 12:45 entertainment per Licensing. He is asking for 11-1 am for alcohol. They will be open for lunch. Mr. Geiler would like the financial report submitted because of the history of this place. It is hard to believe he is going in with no $$. Mr. Buchanan repeated that he owes no rent until after ABCC approval. He does have a brother-in-law he can call upon to make a few improvements; he has done the painting, etc. already. Mr. Geiler stated there is staff, insurance and suppliers; and a lot of “baggage” – probation for an alcohol violation and no money, but he has said he will run a fine upscale place. He is worried that this will not work. Mr. Buchanan said he bought a brand new system ($24K system with $8k on his credit card); chef he hired understands the first few weeks he will get nothing, but after they open payment to him will start. Mr. Hoxie stated we need something in writing for financial information to show a plan of how he will be able to meet all his expenditures. Mr. Buchanan asked for a week to provide this plan. Mr. Burman stated that there is to be no-one who has a percentage of the business who is not on the license; in other words, the license would be violated if there was someone else contributing financially. Mr. Buchanan repeated that this is a lease and not like the financial dealings at Keepers. He will pay one check for rent and then all the bills. Mr. Geiler stated everything he is looking at tells him no. Why does the landlord insist on knowing everything he is making? Mr. Buchanan stated the landlord had a bad relationship with the prior tenants and that is something eh does not want to repeat. Mr. Buchanan has no problem with that request, and Article 21 is really used in case he defaults – the landlord will only look at his incoming monies if he does not pay the rent. The landlord does not want to chase anyone for rent.

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Mr. Hoxie asked what he will do for signage – he stated he has been to Historic; using the existing sign with their name on it. BID and a website will be promoting them. Mr. Hoxie is willing to give him the opportunity; believes it is much better than having an empty building. A motion was duly made by Gene Burman and seconded by Paul Sullivan and a unanimous vote taken to approve the application of Buksport Inc., d/b/a Timmy B’s Bar & Grill, 415 Main Street, Hyannis, MA, Timothy Buchanan, Manager, for a New Annual All Alcohol Common Victualler License (total interior seating for 227, outside seating for 84), Daily Live, Non-Live and Sunday Entertainment Licenses Licenses (M, T, W, Th 5 pm – 12:45 am; F, Sat, Sun 3 pm – 12:45 am with 2-5 entertainers; 1-2 entertainers on outside patio). The business will be open from 11 am to 1 am subject to getting a satisfactory financial plan to the Town. Mr. Geiler stated it will not be sent to Boston without this financial plan. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler renewals as submitted below: Common Victuallers: Katie’s Homemade Ice Cream A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler All Alcohol Seasonal renewals as submitted below: Common Victualler All Alcohol Seasonal: Harbor Point Restaurant The Paddock Spanky’s Clam Shack & Seaside Saloon Gringo’s Trader Ed’s Kian n’ Rylees Fresh Ketch Eclectic Cafe La Paz Surf Cantina Raw Bar on Ocean Street

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Salty Cod The Islander The Dockside Mattakeese Wharf A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Common Victualler Wine & Malt Seasonal renewals as submitted below: Common Victualler Beer & Wine Seasonal: Cooke’s Seafood Cape Cod Melody Tent (will file for entertainment license after play list is complete

as always) A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Club All Alcohol Seasonal renewals as submitted below: Club All Alcohol Seasonal: Cotuit Highground Baxter’s Boathouse Club The Beach Club A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Innholder All Alcohol Seasonal renewals as submitted below: Innholder All Alcohol Seasonal: Hyannis Inn Motor Hotel A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Non-Live Entertainment renewals listed below: Daily Non-Live Entertainment: Hyannis Inn Motor Hotel Gringo’s Fresh Ketch Eclectic Cafe La Paz Surf Cantina Salty Cod The Dockside

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A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Daily Live Entertainment renewals listed below: Daily Live Entertainment Harbor Point Restaurant The Paddock Spanky’s Clam Shack & Seaside Saloon Hyannis Inn Motor Hotel Trader Ed’s Fresh Ketch Eclectic Cafe Raw Bar on Ocean Street Baxter’s Boathouse Club Salty Cod The Beach Club Mattakeese Wharf A motion was duly made by Mr. Burman and seconded by Mr. Sullivan and a unanimous vote taken to approve the Sunday Entertainment renewals listed below: Sunday Entertainment: Harbor Point Restaurant The Paddock Spanky’s Clam Shack & Seaside Saloon Gringo’s Hyannis Inn Motor Hotel Trader Ed’s Fresh Ketch Eclectic Cafe La Paz Surf Cantina Raw Bar on Ocean Street Baxter’s Boathouse Club Salty Cod The Beach Club Mattakeese Wharf Business Meeting: Mr. Geiler stated we received information from the BPD about issues at Blackburn’s property at Cit Avenue. Licensing sent a letter to him asking what he plans to do.

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He has a Class II License on Bearses Way not being used and vehicles on Cit Avenue which are unregistered. Mr. Hoxie stated we will hold this. Mr. Geiler stated we are trying to clarify before going on to the next step. Adjourned at 10:30 am. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



April 12, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, April 12, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day Entertainment License: Application of Rebecca Hynes on behalf of Independent Event Planners, 190 Marlborough Street, Boston, MA for a One Day Entertainment License for a One Day Summer Expo for Cape Cod Businesses pertaining to ideas for locals/visitors for summer entertaining. It will be held on May 29, 2010 from 11 am to 4 pm at the Hyannis Youth Community Center, 1412 Basset Lane, Hyannis. No-one appeared for the application. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Rebecca Hynes on behalf of Independent Event Planners, 190 Marlborough Street, Boston, MA for a One Day Entertainment License for a One Day Summer Expo for Cape Cod Businesses pertaining to ideas for locals/visitors for summer entertaining. It will be held on May 29, 2010 from 11 am to 4 pm at the Hyannis Youth Community Center, 1412 Basset Lane, Hyannis to May 3, 2010. One Day All Alcohol and One day Entertainment Licenses: Application of James Penn on behalf of Cape Cod Synagogue, 145 Winter Street, Hyannis for a One Day All Alcohol and One Day Entertainment License for an event with a band at the synagogue, on May 1, 2010 from 5:30 pm to 10:00 pm. James Penn appeared for this one day entertainment and alcohol permit fundraiser event for the membership.




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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of James Penn on behalf of Cape Cod Synagogue, 145 Winter Street, Hyannis for a One Day All Alcohol and One Day Entertainment License for an event with a band at the synagogue, on May 1, 2010 from 5:30 pm to 10:00 pm. Sunday Entertainment License: Application of Albert Long on behalf of Cape Cod Chorale for a Sunday Entertainment License for Shubert Mass, Inc. & Gospel Mass to be held on April 25, 2010 from 2:30 pm to 4:00 p.m. at Our Lady of Victory Church, 230 South Main Street, Centerville, MA. No-one appeared for this application. We may have to hold a special meeting??? A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken not to approve the application of Albert Long on behalf of Cape Cod Chorale for a Sunday Entertainment License for Shubert Mass, Inc. & Gospel Mass to be held on April 25, 2010 from 2:30 pm to 4:00 p.m. at Our Lady of Victory Church, 230 South Main Street, Centerville, MA. One Day Wine Only License: Application of Benjamin DeCastro on behalf of Cardi’s Furniture Superstores, 1 Furniture Way, Swansea, MA, for a One Day Wine Only License for a promotional fundraiser and awareness raiser event for “A Baby Center”, to be held at the local store, 790 Iyannough Road, Hyannis, on April 29, 2010 from 6:30 pm to 8:00 pm. Mr. DeCastro appeared for the application. The Cape Cod Package Store will hand out the tastings and card the people. There will be a chocolatier. Mr. Burman asked about supervision; families will be coming in – who will supervise who is tasting the wine? Mr. DeCastro stated there will be two separate tables. The wine controlled strictly by Cape Cod Package Store who will physically hand the cup to the person. Mr. DeCastro asked about having a detailed police officer? Lt. Jason stated she did not anticipate there being a problem or need for that. Mr. Burman welcomed them as a new business to Town. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Benjamin DeCastro on behalf of Cardi’s Furniture Superstores, 1 Furniture Way, Swansea, MA, for a One Day Wine Only License for a promotional fundraiser and awareness raiser event for “A Baby Center”, to be held at the local store, 790 Iyannough Road, Hyannis, on April 29, 2010 from 6:30 pm to 8:00 pm. Change Manager, Change Officers/Directors, Change Stockholders, Pledge of License & Alteration of Premises: Application of Cape Cod Package Store, Inc., 1495 Falmouth Road, Centerville, MA, John J. Pendergast, Jr., Manager for a Change of Manager on its All Alcohol Common Retail Package Store License to

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Andrea L. Pendergast; a Change of Officers/Directors to John J. Pendergast, Treasurer & Director, Andrea L. Pendergast, President, Secretary & Director; a Change in Stockholders to John J. Pendergast, Jr., Andrea L. Pendergast, Danette P. Atsalis and Terri Anne P. Haidinger; Pledge of the License to Rockland Trust Co.; and Alteration of Premises to the following: Two story wood structure at 1495 Falmouth Rd., Centerville, MA. Entrance/exit on East and West side. Service entrances (3) on South Side. 1st floor 4900 sq ft retail alcohol, related merchandise and storage; 2nd floor 1280 sq ft office and storage; basement storage and utilities. Bottle redemption area of 364 sq ft on South side of bldg. Entrance/exit on South and West side. Attorney Philil Boudreau appeared for this application. Both John and Andrea Pendergast appeared for the application. The ZBA variance is ongoing at this point. Ms. Pendergast has been working as operations manager for eight years now. They are operational at the old premises now. By mid to late summer they will occupy the whole new premises. Mr. Hoxie found the new manager to be qualified. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Cape Cod Package Store, Inc., 1495 Falmouth Road, Centerville, MA, John J. Pendergast, Jr., Manager for a Change of Manager on its All Alcohol Common Retail Package Store License to Andrea L. Pendergast; a Change of Officers/Directors to John J. Pendergast, Treasurer & Director, Andrea L. Pendergast, President, Secretary & Director; a Change in Stockholders to John J. Pendergast, Jr., Andrea L. Pendergast, Danette P. Atsalis and Terri Anne P. Haidinger; Pledge of the License to Rockland Trust Co.; and Alteration of Premises to the following: Two story wood structure at 1495 Falmouth Rd., Centerville, MA. Entrance/exit on East and West side. Service entrances (3) on South Side. 1st floor 4900 sq ft retail alcohol, related merchandise and storage; 2nd floor 1280 sq ft office and storage; basement storage and utilities. Bottle redemption area of 364 sq ft on South side of bldg. Entrance/exit on South and West side. New Junk Dealer License: Application has been made by Richard E. Mampe, d/b/a Jewelry Liquidation Consultants, P.O. Box 615, LaFayette Hill, PA, for a new Junk Dealer License, for an event to be held at The Courtyard by Marriott, Iyannough Road, Hyannis, for Thursday, May 20, 2010 through Saturday, May 22, 2010. The event will be held each day from 10 am to 6 pm and hosted by Steve and Lori Simon of Mrs. Mugs, 680 Rte 6A, Sandwich. Mr. Mampe appeared for his application along with Mr. Simon of Mrs. Mugs in Sandwich. They will be doing a 3 day event at the Marriott. They will advertise in the Cape Cod Times for people to bring in jewelry for them to purchase. He stated that they will fill in the proper forms, take in the merchandise and pay by check only. Mr. Burman asked about maintaining the items for 21 days – where are they going to

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be held? They have been given permission to store the items and paperwork at Mrs. Mugs in Sandwich or if we want it in Barnstable, they stated they will use the safe at Centerville Jewelers; it will be held with the receipt (which will be held for 3 years). The items will be in bank sealed bags for the police to look at if they wish to. The list (form) will be provided to BPD as required. Each item will have the receipt in the sealed bag, or they offered to also provide a copy to the BPD. Mr. Burman asked if we have anything in writing from Centerville Jewelers? Mr. Simon stated they will get that if we require it. Officer Maher stated that they have found there really is no recourse against these people giving events who are not local with a fixed address in Town – and stated that our new rules state that the records need to be held ON PREMISES for the 21 days and receipts for the 3 years. This would be hard for them, because Centerville Jewelers do not have a Junk Dealer License in the Town, and we have no license of course for a business in Sandwich. Officer Maher stated that in speaking with Detective Sgt. Murphy who has worked so hard on the cases in Town where stolen items have turned up, they have decided this is NOT a good idea to allow in Town. Mr. Hoxie asked if our new regulation means the premises has to be a permanent location. Officer Maher stated it does. This perhaps was not clear. Property and records need to be held ON THE PREMISES. Not complying with this leaves open a lot of options for failure. Officer Maher stated there are others in the state – Medford, Boston, Brockton; he is not sure how they interpret this regulation of “on the premises” which he believes means just that, but they have the same regulations we do now. Mr. Mampe stated he did not realize that this regulation would prohibit him from keeping the materials at a site in East Sandwich – Officer Maher stated they could move the event to Sandwich. Mr. Simon and his wife asked this man to come to town to do this. They will keep the records and items so the police can look at them at HIS store, but he is not in the Town of Barnstable. Mr. Simon asked if they kept the records at the hotel for the 3 years, would be acceptable? Officer Maher stated the items themselves also have to be there. The regulation is set up for people who come in and maintain a licensed business in the Town. He believes the out of Town businesses coming in for a short event is convoluted at best, and might cause a problem. Mr. Hoxie stated that he now perceives under our new regulations that it does not allow for the Board to approve these applications. A motion was duly made by Gene Burman, seconded by Paul Sullivan to approve the application of Richard E. Mampe, d/b/a Jewelry Liquidation Consultants, P.O. Box 615, LaFayette Hill, PA, for a new Junk Dealer License, for an event to be held at The Courtyard by Marriott, Iyannough Road, Hyannis, for Thursday, May 20, 2010 through Saturday, May 22, 2010. The event will be held each day from 10 am to 6 pm and hosted by Steve and Lori Simon of Mrs. Mugs, 680 Rte 6A, Sandwich. After the motion, a unanimous vote was taken to deny the application of Mr. Mampe because of the new regulations requirements of storing the merchandise and paperwork on premises.

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New Junk Dealer License: Application has been made by Eugene James Bascou, d/b/a Anderson, Carter, Bascou & Associates Estate Buyers, 3571 East Colorado Blvd., Pasadena, CA for a Junk Dealer License for a 6 day buying event to be held at the Radisson Inn, 1127 Rte 132, Hyannis from 9 am to 7 pm on April 19, 2010 through April 24, 2010. A woman from the Radisson Hotel appeared for the hearing. The principal arrived later. A motion was duly made by Gene Burman, seconded by Paul Sullivan, that the application of Eugene James Bascou, d/b/a Anderson, Carter, Bascou & Associates Estate Buyers, 3571 East Colorado Blvd., Pasadena, CA for a Junk Dealer License for a 6 day buying event to be held at the Radisson Inn, 1127 Rte 132, Hyannis from 9 am to 7 pm on April 19, 2010 through April 24, 2010 be approved. After the motion, a unanimous vote was taken to deny the application of Mr. Bascoubecause of the new regulations requirements of storing the merchandise and paperwork on premises. New Common Victualler License: Application of Jean E. Samedy, d/b/a Cafe Samedy, 569 Main Street, Hyannis, MA, Jean E. Samedy, Manager, for a new annual Common Victualler License, hours of operation 7 am to 10 pm. Katarina Tsybulmskaya, his wife, appeared with Mr. Samedy for this application. They would like to be open from May to October. They wish to be open from 7 am to 10 pm. Only Non-alcoholic beverages. Mr. Samedy has been a chef for many years and she has been a waitress for several years. This used to be Freshens Yogurt. Mr. Hoxie stated it is kind of a limited menu; do they plan to expand it soon? She stated they will. It is right on Main Street right near the Hot Dog place. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Jean E. Samedy, d/b/a Cafe Samedy, 569 Main Street, Hyannis, MA, Jean E. Samedy, Manager, for a new Common Victualler License, hours of operation 7 am to 10 pm. New d/b/a: Request of Smilin Jack’s Restaurant Group, LLC, 573B Main Street, Hyannis, Sean Downes, Manager, for a change of d/b/a to DB’s Surf Bar & Restaurant. John Downes appeared for his application. This is to change the name from La Paz Surf Cantina to DB’s Surf Bar & Restaurant. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Smilin Jack’s Restaurant Group,

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LLC, 573B Main Street, Hyannis, Sean Downes, Manager, for a change of d/b/a to DB’s Surf Bar & Restaurant. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Common Victuallers: Ben & Jerry’s The Seafood Shanty/Sandy Neck Beach A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the applications above for their seasonal Common Victualler Licenses. Junk Dealers: Ferreira’s Main Street Consignment Home Furnishings Historical Military Antiques Diamond Perfections Silva Jewelers New England Jewelry A.J. Marks More for Less The Second Coming Thrift Shop Cape Cod Jewelers J. Craig Medeiros Gamestop, Inc. Goldfinger Cape Cod Precious Gems & Coins A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the applications above for their annual Junk Dealer Licenses except for the renewal request of Cape Cod Precious Gems & Coins, which would be continued to the May 3, 2010 hearing after the Show Cause Hearing on the establishment takes place and a decision is made. He left out Ferreiras so the Board would have a discussion. Officer Maher stated he has spoken to Tim Ferreira who does perform a function for the Town – taking away a lot of junk which would end up off Airport Road somewhere. He stated Tim does comply 99% and he would not oppose this application for renewal. Mr. Burman added Ferreira’s to the list of Junk Dealers to approve. The Board voted to approve the renewal of Ferreira’s.

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Business Meeting: The police department will hold liquor establishment workshops and will be doing some underage compliance, and “Cops ‘n Shops” seminars in preparation for stings. They are encouraging employees to attend as well as owners. Mr. Burman stated he had the privilege of attending eh seminar put on that Paul & Tom & Kim also attended from the ABCC; he was surprised at the liability of the server after passing ID by the people at the door. He could not believe the number and types of fraudulent ID. Adjourned at 10:15 a.m. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



May 3, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, May 3, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: Discussion On Auto Dealer Regulations Updates: The Barnstable Licensing Authority will hold a hearing requested by the Barnstable Police Department, which has identified as an issue, and has requested the Licensing Authority consider, adoption of regulations that would subject all auto dealers that do not currently have an approved site plan to file with the Site Plan Review Committee to obtain an approved site plan. That plan would then be used to determine the maximum number of vehicles authorized on the property. The approved plan would be required to be on site at each dealer location and available for inspection staff to review for compliance determination. This hearing will be for discussion purposes on the concept proposed. Commissioner Burman, a member of the sub-committee assigned to review this issue, spoke regarding a meeting held with Ptl. Steve Maher, Tom Geiler and Tom Perry, Building Commissioner. There was no intent at any time to put anyone out of business; we are trying to get some control over the businesses presently non-restricted as to number of vehicles approved by the Building Commissioner on each lot. We invited the dealers in today to advise the Licensing Authority if there are any hardships, or special issues they wish to discuss. Dealers attending: Jonas Krisciunas - Trans-Atlantic Motors, Robert Trapp – Robert Trapp, Inc., Gilbert Wood – Willow Street Motors & Harbor Auto Sales, John Gallagher – Trans-Atlantic Motors, Michael Bradley – Huhtanen Auto Sales, Neil Atwood, Joe Maloney – Joe’s Auto Sales, Robert D. Gonsalves – Robert’s Auto Wholesale, David Bardfield – Cape Motors, John Trapp – All Cape Auto Sales,




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Myron J. Sears – Nantucket Auto Sales, Greig Johnson – Nantucket Auto Sales & Barnstable Motors Wholesale, Alex Gladkowski – West Main Auto Sales, Jay & Brad Tracy – Tracy VW Audi, Gary Beard – Beard Chevy – Subaru, Gary Buckler – Bucklers, Inc., James Balise – Balise Ford, Nissan, Hyundai, Joe Laham – Premier Chrysler, Jeep, Dodge, Tim Ferreira – proposed new Class II License for Ferreira’s. Steve Maher stated we are looking for a number for each lot for enforcement purposes only. The Fire Department will be looking at the placement of vehicles for fire issues. We would like this to be an even playing field for everyone and have each lot be aesthetically pleasing. Mr. Hoxie asked who sets the number for each lot; it is Building Commissioner, Tom Perry. Through the site plan review process this number is set for new businesses, major changes, etc. In order to bring in some older dealerships, there would have to be a change of the Town Ordinance requiring all dealerships to come before Site Plan Review if they do not have a maximum number of vehicles set already. Mr. Perry stated they use “parking lot standards” – travel lanes, parking spot size, etc. Mr. Hoxie stated we do not want to increase the vehicles allowed, so we don’t have a safety hazard. Mr. Perry stated the issue is that some go back way before Site Plan Review was even envisioned. The problem is not with access, but with setting the number of vehicles on the lots. Mr. Hoxie asked if there is any other way to come up with a number agreeable with BPD? Mr. Perry stated that would be voluntary. Officer Maher stated each one without a number could submit a plan with numbers to the L.A. with a total number of spaces for their lot, without the L.A. having to adopt a new regulation. Mr. Geiler stated that his question would be, could that apply to existing dealerships with a site plan or JUST those without? Mr. Hoxie stated just those without, which was confirmed by Officer Maher. It would be voluntary. Mr. Hoxie asked for comments from the public. The first speaker was Jay Tracy. They have been here since 1968. They do not have as much land as they would like – they have had 2 easements taken – one to the airport across the back. They do not have access problems and a good working relationship with the Town and BPD and Fire. He does worry about this as to the new car dealers – they try to keep the lots neat, clean and in order, as that is their showcase. It would be a problem for them to have Site Plan Review – also if they get a truckload of vehicles in and are getting them prepared, that day they would probably be over their number. It worries him as they try to be good citizens. He stated that they support a lot of things within the Town as well as keeping their place neat and clean and hope they ARE grand-fathered somewhat on this issue. David Bardfield owns Cape Motors. His slant is from the used car dealers – it will not affect him. He stated they have just come through the worst 2-3 years of business due to the economy – things are just starting to come around now. If the L.A. reduces the numbers of vehicles dealers can showcase, it would reduce their income potential. He is worried about those without enough room for more vehicles going out of business, or not being able to make enough money. What we are proposing as to the licensees with unnumbered licenses coming up with a number

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themselves sounds like a great idea. He does not want to hurt those without a number on their licenses. He says just when they are starting to see a turnaround, it would be awful to impose more restrictions. Deb Krau came forward as an interested citizen – asking what good is it to have the businesses pick their own number rather than have one set by Site Plan Review? Just for a count – this seems rather arbitrary, and would not be an even playing field either if some numbers are set by Site Plan and others are not. James Tinsley spoke representing Balise this morning. He stated we have to consider the fluctuation of business. For those who have service – how will that number play into the total? Some vehicles are for sales and some for service on the lot. He thinks the voluntary plan is a good idea but how could we know it was fair for the size of each lot? Gilbert Wood, Willow Street Motors spoke as he owns 8 lots on which auto dealers reside. Those who have licenses now going forward to a new dealer, that the new property can have the same amount of cars as the prior licensee. He thinks that devaluates the property. He compared Buick and now Land Rover - those dealers are all neatly in rows and do not seem to be contributing to any of the mess. It is the new licensees whose lots seem to be more of a problem that the older ones. Mr. Hoxie asked the Fire Dept. if there is any Deputy Chief Dean Melanson keeps an eye on the lots, does the inspections, etc. The devil is in the details. Some of the used car dealers share lots with businesses and tenants from apartments; some which are also repair and rental in the same area. The Fire Dept. does not care why the car is there – only the specifics regarding to access if there were a fire. To put a number on these property will be difficult as used and new cars are there, cars for service waiting for parts, employees on site and customers – also occupied structures on the site. All of these issues are considered at Site Plan Review. From the Fire standpoint, BPD and their own inspections – they are addressing them as they come up. Mr. Hoxie asked if those do not have numbers, would it be o.k. to keep it as is? Mr. Melanson stated that if there is a problem it will come up and be dealt with. There is an education process involved. As long as they have access isles it is fine with them. Access to repair bays is of concern. The inspectors are educating the owners at inspection times. Mr. Hoxie asked if a dealership changes hands and is just a change of ownership is the number changed? Mr. Perry stated no – they keep the same number and do not require another site plan review. Robert Trapp also spoke up – he has a Class II License at Walton Ave. and Route 28. It seems like we are trying to come up with a new regulation to make dealers

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already on a location to now come up with a number. If we already have a process to o.k. them, unless it is being modified in some way why are we singling the auto dealers out to count cars which were not counted in the past? It would seem to be a burden for a petty detail. Joe Lahan from Premier Cape Cod – he stated they came up recently for the site plan with numbered spaces; he has had licenses in a lot of towns – each has some discipline to create an even playing field. He stated there must be some discipline and common sense. If they are left with the older dealers being able to do what they want it will be a mess. They have had a great relationship with the town and from his perspective they should use some common sense and discipline. Mr. Burman stated we are at this point because of Class II licenses – with total number of vehicles on the lot – to include employees, customers, cars on display, whatever. He stated there should be a limit on every license. Bob Gonsalves, Robert’s Auto Wholesalers spoke up as to numbers and properties stating the ones that so not have the numbers should take a walk around their yards and prepare a plan with a total number. This is for the license and count for BPD. He stated it should not be too hard for the ones without numbers to submit a plan with numbers. Mr. Geiler stated the issue is not new – the Board has been wrestling with it for 15-18 years. All those with numbers are not uniform – some are number displayed; did not cover repair, customers, employees, etc. That has been compounded by multiple auto dealers or businesses on a single site. The number does not cause the problem – it could be a disaster with 2 if they are in the wrong place or leaking fuel. We know where the problems are and should probably be dealing with the issues where the establishments have not played by the rules. Some have been before the Board multiple times. Given the town limited resources will be very costly for the town and the dealers and he is not sure where we would end up – maybe in just as much confusion as we are currently. He thinks it is our problem to deal with the ones where there are issues – deal with those. He thinks we should maintain the status quo while we deal with the problem areas and those deserve more attention to correct the problems. Mr. Hoxie stated this all started as BPD wanted a count of cars on each lot for their purposes. All the police want is a number – how many total spaces. They can bring in a numbered plan themselves. The cares being trucked in are not a problem because they count 2-3 times before bringing a problem to the Board. This is to level the playing field so someone is constantly going over their number. Then no-one can complain it is not fair. Mr. Hoxie asked Mr. Sullivan his opinion. He would like to find a way where we can make the BPD job easier as to counting the vehicles. We need to get the handful of dealerships in voluntarily. Mr. Hoxie stated that what has made up his mind is the

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fact that the Fire Department thinks everything is pretty much o.k. as it is. Mr. Burman stated the confusion is the licenses state total number of vehicles now; before some have just # of display cars, which Mr. Geiler reiterated. It will still not be level playing field if those are not changed as well. Mr. Sullivan said his theory is aesthetics and safety. He thinks there is some merit to each of these – and since the safety issues are being met, he thinks there is not enough information here to make any kind of change. Mr. Hoxie thinks we should remain with the status quo. He thinks those older ones should be grand-fathered. Mr. Hoxie stated for the record that there will be no action taken as to setting a number on those licenses which do not have one. One Day All Alcohol License: Application of Gary Cannon on behalf of The Waldorf School of Cape Cod, 140 Old Oyster Road, Cotuit for a One Day All Alcohol License for a live and silent auction and fundraiser for the school, to be held at Cotuit Center for the Arts, 4404 Route 28, Cotuit, on May 22, 2010 from 5:00 pm to 10:00 pm. Gary Cannon appeared. Nimrod restaurant will be serving the alcohol. This is a non-profit organization. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Gary Cannon on behalf of The Waldorf School of Cape Cod, 140 Old Oyster Road, Cotuit for a One Day All Alcohol License for a live and silent auction and fundraiser for the school, to be held at Cotuit Center for the Arts, 4404 Route 28, Cotuit, on May 22, 2010 from 5:00 pm to 10:00 pm. One Day Entertainment License: Application of Rebecca Hynes on behalf of Independent Event Planners, 190 Marlborough Street, Boston, MA for a One Day Entertainment License for a One Day Summer Expo for Cape Cod Businesses pertaining to ideas for locals/visitors for summer entertaining. It will be held on May 29, 2010 from 11 am to 4 pm at the Hyannis Youth Community Center, 1412 Basset Lane, Hyannis. This one day event is to showcase what they offer for summer events. There is a $10 admission fee. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Rebecca Hynes on behalf of Independent Event Planners, 190 Marlborough Street, Boston, MA for a One Day Entertainment License for a One Day Summer Expo for Cape Cod Businesses pertaining to ideas for locals/visitors for summer entertaining. It will be held on May 29, 2010 from 11 am to 4 pm at the Hyannis Youth Community Center, 1412 Basset Lane, Hyannis.

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Carnival License and Sunday Entertainment Licenses: Application of John A. Flynn, Rockwell Amusements, P.O. Box 338, North Scituate, RI, Harold Fera, Manager, for a Special Permit for a Carnival for Monday, June 7, 2010 through Sunday, June 20, 2010, to be held at the Cape Cod Mall rear parking lot, Iyannough Road, Hyannis from 6 pm to 10 pm Monday – Friday, noon to 11 pm Saturdays and 1 pm to 10 pm Sundays. Mr. Fera and John Flynn appeared for this application. The carnival will be changed to the 16th to the 20th of June (5 days) instead of what they had originally requested. Officer Maher asked for the list of employees – he would also like a permanent address of each person. Investigating some people out of state brought up some issues. Mr. Fera told him he would be getting it by fax. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of John A. Flynn, Rockwell Amusements, P.O. Box 338, North Scituate, RI, Harold Fera, Manager, for a Special Permit for a Carnival to be held at the Cape Cod Mall rear parking lot, Iyannough Road, Hyannis from June 16th through June 20th, from 6 pm to 10 pm Monday – Friday, noon to 11 pm Saturdays and 1 pm to 10 pm Sunday. New Common Victualler License: Application of Michael Hamwey, d/b/a Sea Street Cafe, 50 Sea Street, Hyannis for a New Common Victualer License, the hours of operation to be 7 am to 9 pm. Mr. Hamwey advised that this is for the old Collucci’s Diner. They are doing breakfast, lunch and catering. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Michael Hamwey, d/b/a Sea Street Cafe, 50 Sea Street, Hyannis for a New Common Victualer License, the hours of operation to be 7 am to 9 pm. Christine Ade advised that the Building Dept. had approved a total of 48 seats. Mr. Burman amended the motion to include the 48 seats and it was unanimously approved. Change of D/B/A: Request of Mcaab, Inc., d/b/a Cape Cod Pizza and Subs, 10 Seaboard Lane, Unit K, Hyannis, MA, Aaron Boutiette, Manager, for a change of d/b/a to B & B Pizza. Christian Boutiette appeared for this hearing. He stated they are in business now. His sign is awaiting approval. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the change of d/b/a from Mcaab, Inc., d/b/a Cape Cod Pizza and Subs, 10 Seaboard Lane, Unit K, Hyannis, MA, Aaron Boutiette, Manager, to B & B Pizza.

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Change of Officers/Directors: Application of GMRI, Inc. d/b/a The Olive Garden, 1095 Iyannough Road, Hyannis, MA, Traci Kempaner, Manager, for a Change in Corporate Officers/Directors. Traci Kempaner appeared for the application. She stated that this is merely a change in corporate officers/directors. It will change nothing locally. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of GMRI, Inc. d/b/a The Olive Garden, 1095 Iyannough Road, Hyannis, MA, Traci Kempaner, Manager, for a Change in Corporate Officers/Directors. New Class II Auto Dealer License: Application of Timothy J. Ferreira, d/b/a Ferreira’s, 85 Old Yarmouth Road, Hyannis, MA, for a New Class II Auto Dealer License, hours of operation to be 7 am to 7 pm daily, with 15 spaces maximum. Tim Ferriera appeared with his attorney, James Connors. Attorney Connors approached the podium for Mr. Ferreira. He stated that Mr. Ferreira has gone thorough Site Plan Review, provided a lease, bond, and application with fee. He said if you review the site plan it clearly articulates where automobiles will be parked and also restricts the number of vehicles allowed on the property to Mr. Hoxie asked if there will be repairs or washing of vehicles on the property? Attorney Connors stated the primary function is to allow him to sell the automobiles; Mr. Ferreira stated there will not be washing or repair. Deb Krau, Chairperson of the Hyannis Water Board, came forward. She stated that this location is now in a wellhead protection area, which does not allow a junkyard, which has already been put on this site, it does not allow cleaning, service or repair on this lot. She stated that the application as it came in had the word, “repair” on it, which she believes was originally intended but then crossed out. Where will the used cars be cleaned? She reiterated that this is a tenuous area being very very close to the Maher wells and there are a lot of non-conforming uses down there and problems with this proposal – the biggest detriment is a problem with the water of this area being contaminated. It is not he time to continue to give variances to the wellhead protection area. She also questioned how you distinguish the junkyard which has the capability of having cars from the auto dealer area of cars to be sold. She stated that they encourage the Board to look at groundwater protection and consider it is a fortune to clean up a well. She encouraged the Board not to license questionable businesses in this area. Attorney Connors stated this is not a problem – Mr. Ferreira will not be repairing or washing vehicles on site and has followed all applicable zoning requirements. He will not be cutting the vehicles apart, draining fluids, that is not the subject of this license application. He does not have a junkyard; he has a Junk “Dealer” permit. Mr. Hoxie asked how the vehicles will be cleaned? Attorney Connors stated the vehicles would be washed at a commercial car wash off site if they needed washing.

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Mr. Hoxie asked if he is saying there would absolutely be no way fluids would contaminate the area? He does not believe leakage would be a problem any more than any other auto dealership. Mr. Burman asked how the work of the Junk Dealer License will comply with the necessary Auto Dealer License requirements on the one site, which is not a large site? He stated that it is a potential conflict. Attorney Connors stated that under the General Laws it requires that a Class II License the principal function of the property. He holds a Lease for .66 acres and has a building on it. It has been indicated to me that the Junk Dealer business will not be the primary business; the primary business will be the auto dealer business in conformance with the statute and the side business will be the Junk Dealer business which he does have a license for. Mr. Geiler asked for an explanation on this, how he is going to do it. Attorney Connors stated under the General Laws he certainly has been in compliance and has been in contact with Officer Maher 2-3 times per month. Under the General Laws you are required to show that it is a principal business on the site. He suggested how you do that is through monitoring and enforcement. He stated Mr. Ferriera indicated to me that this is going to be his primary business. Mr. Geiler replied, “so you are saying it is OUR job? At least in the beginning it is your job to at least explain it.” Mr. Ferreira stated the recycling has evolved; they don’t want to have to go to the junkyards with vehicles; he is he is now trying to bring the vehicles to auctions so he is not dealing with any hazardous materials. He wants to take them to the auctions to do all the paperwork, to clean the cars there. He wants to bring whole cars off the Cape to a dealer. He said he is actually providing a service for the Town getting these vehicles off the Cape. They are removing the entire vehicles from people to the dealers to sell them. They are not removing any gas, etc. He said that his Junk Dealer license will not allow him to sell the vehicles unless he has this Class II Auto Dealer License so he has applied for this license to conform to the Town’s wishes. Mr. Geiler stated that the requirement for a Class II Dealer license is that it be a principal business. Tim asked if he was selling more vehicles than he is, if anything else, that is my primary business. I do have advertisements on the radio, advertise in the Cape Cod Times, the Barnstable Patriot…I think the Town is aware of what I want to do. I want to be environmentally friendly, work with the police department, work with the Board. All I am asking is to be in compliance, I have to hold this license to sell the vehicles to the dealers. If not, then my Junk license would have to allow me to and we would have to argue that issue. We are trying to keep it simple today by applying for the Class II Dealer license which would allow me to sell to the dealers. Mr. Geiler stated it is very confusing to him. You have a license to sell secondhand articles. You have a tow company. You buy scrap. And you are going to add this to

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that. But you are not going to display vehicles, you are not going to invite customers in… Mr. Ferreira stated he did not say he was not going to display vehicles; what I am trying to accomplish here…you have eliminated a Class III license in the Town, so in order to operate such a facility to be in compliance, you must need different licenses and permits – Hauler’s, Septic, Board of Health – I went through all of that; all the Site Plan Reviews twice, which a lot of people don’t have to go through. I am the only one in this Town dragged through these processes which is for recycling. It is for renewable energy. Even a car. They crush it, grind it up & recycle it. It is of more monetary value to me to sell to a dealer than to a junkyard. It is a cleaner process. I think the Board should come down and see. Mr. Geiler stated it is not a question of whether it is a cleaner process, it is a question of does the Board have the authority to issue this license. Is this your primary business, your principal business. Mr. Ferreira stated he would say yes, because he is selling more cars than anything else. Mr. Geiler stated you may be today but what about tomorrow? When you’ve got that many businesses on the site it doesn’t seem that you are in compliance and doesn’t seem that, what I am hearing you say is that you want a Class III license, you want to run a junkyard, and since you can’t get a Class III license what you’re doing is applying for a Class II license and you don’t qualify for that but you’re a nice guy so we should give it to you. Mr. Ferreira said, no, that is your interpretation, Mr. Geiler. I am trying to explain to you that the right way is to come out there and see what we do. I run a recycling facility. If we deal with a vehicle they require me to have a license for that to be in compliance. There’s no way around it, that’s the way it is. Not because I’m a nice guy but because I am working. I get up 5:00 in the morning and am in the lot every day – just like Officer Steve Maher saw us and said I am in 99% compliance. You want to squeeze 1% out of me? I am trying to comply. You are draining me of money and time. Mr. Geiler stated he is missing a point here. Anybody has a right to buy and resell a vehicle. Mr. Geiler stated that what he hears is that you are applying for the Class II license to exempt yourself from sales tax, not have to register the vehicles, be able to do business with an auction and so forth. What I don’t see is that your intention is to run a used car business; I don’t see any benefit to the community or citizens of Barnstable in terms of the Class II Auto Dealership, I don’t see not see this as a principal business with all of those businesses that are already on the site. Attorney Connors stated again as talked about earlier that Mr. Ferreira intends the Class II Auto business be his primary business. Officer Maher had indicated there are many businesses that have more than one business within a site. Certainly any site could have sale of auto parts if permitted, ancillary tot heir primary business. They could have a vending machine, which is a separate business as well. Mr. Hoxie asked what effect it would have on Mr. Ferreira’s business if his application for the

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license is denied? He was told that it will stop him from having vehicles on site and from buying them, that is why he is here today. It would not directly impact his other licenses but implicitly it would. Mr. Burman stated that the location and testimony of Deb Krau about being in the wellhead district does not make him very happy, nor does Mr. Ferreira’s past relationship with the Town. Mr. Burman asked what would happen if a car sprung an oil leak? Mr. Hoxie asked if Officer Maher had any comment. Officer Maher’s comment was that he has a much better relationship with Mr. Ferreira than in the past. Mr. Sullivan asked about the location – and was told Mr. Ferreira has a 3 year lease. Mr. Sullivan is very concerned about the water district problem and testimony this morning. However, he does understand that it has gone through Site Plan Review. Mr. Hoxie asked if Site Plan Review takes into account the wellhead protection district. Mr. Geiler stated it DOES take this into consideration. The purpose of site plan is to make sure it meets the ordinances. That gets done. The misconception is the goal of the water quality protection with respect to this wellhead protection area. This licensee has a Junk Dealer License for buying and selling second hand articles, primarily metals. That license is NOT a “junkyard” license. It does not include hazardous materials. Mr. Geiler stated he has heard several times from individuals that there is a “junkyard” on this site – there is not license for a junkyard. Mr. Sullivan suggested if we grant the Class II License there be absolutely no cleaning, service or repair on the property. Mr. Hoxie again asked whether or not this is really the primary business of the applicant. How will it be maintained as the primary business? Attorney Connors stated that the first line of inquiry is with the books, which Mr. Ferreira keeps very well. Unless there has been an alteration somewhere, the first line would be to see what the business function has been within a few month period. There is really no other way to monitor that. Attorney Connors stated that principal is not exclusive, is not sole, but something “more.” This does not exclude the Junk Dealer License he already has. Mr. Burman asked if he would surrender his Junk Dealer License if he was given the Class II Auto License? Attorney Connors stated he would not. Mr. Geiler stated that if someone calls him to sell a car – it will not be a cream of the crop car. It may very well be leaking and in poor shape. He went on to say that when Mr. Ferreira got the Junk Dealer License, it was indicated to the Board by him that vehicles would be put on a flatbed and taken right off Cape for sale. He is worried about the state of the vehicles brought in. He then stated that first, however, we must get by the “principal business” issue. Mr. Geiler stated he is having a problem seeing how the other license could be accessory to the Car Dealer License. Attorney Connors stated the second license does not HAVE to be accessory to the principal license. Mr. Geiler wanted to know how the scrap business, towing business, junk dealer business, etc. are accessory to the Class II Auto business. Attorney Connors stated again that those licenses and permits are not accessory but are just other businesses of Mr. Ferreira at the address. Mr. Geiler stated you cannot have primary businesses without those accessory uses. Mr. Geiler stated there cannot be

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multiple primary uses. Mr. Geiler stated principal or primary income is not the same thing as principal or primary business. Attorney Connors stated he thinks the books would show which is the primary business. Mr. Geiler does not agree with what Attorney Connors stated; he does not agree that it is in the best interest of the town to bring junk cars there for storage. Mr. Hoxie does not want to disrupt the water supply, but stated he also does not want to disrupt Mr. Ferreira’s ability to make a living. Mr. Hoxie stated Mr. Ferreira is aware of the issues of law and what the new license requires. Mr. Hoxie asked if the license is denied, how will it affect his now principal license? Mr. Ferreira stated his Junk Dealer license states he can buy vehicles. He wants to be able to take the vehicles to dealers but cannot sell them now as he is not a Class II Dealer. Mr. Geiler commented on what Mr. Ferreira stated. What apparently is going on is some vehicles are taken for scrap, and some taken to auction and the auctions at some point recently asked if Mr. Ferreira has a Class II Auto License. The auctions were told NO. They then said he needed the license to sell the cars to auctions. Mr. Geiler stated anyone has the right to establish himself as an auto dealer. However, he cannot combine it on the present site with the other business he has there already. Attorney Connors stated he went through site plan review. They insure the setbacks are correct, egress is appropriate, signage is appropriate, use is appropriate, etc. Attorney Connors stated Mr. Ferreira wants to follow the letter of the law to operate within the town regulations and have the appropriate licenses. Mr. Hoxie asked Officer Maher about this. Officer Maher stated some of the vehicles picked up are taken right out for auction, or whatever. He thinks from his understanding that Mr. Ferreira will be operating under the confines of the Class II License. Mr. Hoxie thinks the water problem could be taken care of immediately if it were to become a problem. Mr. Hoxie asked again whether the other businesses are, or even have to be, accessory to the primary business of Class II Auto Dealer. Mr. Hoxie asked that we continue this hearing for a decision on primary and accessory use under this license as we need time to ask the Town Attorney whether this is the law, or if Attorney Connors’ representation is correct that it does not have to be accessory to the primary or first business. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to continue this hearing for May 17, 2010 to determine whether or not through our Town Attorney the other business does not have to be accessory to the Class II, and also that if the license were granted and there were any problems of contamination it would be revoked immediately. Amend Daily Live Entertainment License, add Daily Non-Live Entertainment License and modify Sunday Entertainment License: Application has been made by Heritage House Hotel, 259 Main Street, Hyannis, Jan Daale, Manager, for

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Modification to its Daily Live Entertainment License to include the outside patio and change the hours to noon to 12:45 a.m., 3 entertainers maximum outside and for a Daily Non-Live License and to change the hours on its Sunday Entertainment License, to 1:00 pm to 12:45 a.m. Peter Martino, Owner, appeared for the request for acoustic guitar type of entertainment and speakers to be hidden within the landscaping area within the seating area. The intent is for music for those utilizing the outside patio in front of the hotel. Officer Maher thought maybe 3 entertainers outside might be a lot. Mr. Martino stated their entertainment has been going on for 10 years – 50’s and up. He said till not change the theme of entertainment. Mr. Hoxie stated that he believes the BID is in favor of this type of entertainment. They are talking about the wooden stage area outside in front. It would be afternoon and early evening only. Lt. Jason asked if they can keep the noise on their property? Mr. Martino stated they will face the speakers and music towards the diners but it probably would not be completely contained. Mr. Geiler stated there are few if any residential abutters. Bank, empty lot, bus station, their own property quite lengthy before getting to the housing on Barnstable Road. Gene Burman asked about the new condos on Center Street and above the former Martin’s bakery on the 2nd floor? Mr. Geiler stated those are at least ¼ mile or more away and behind a strip mall convenience store. Mr. Hoxie asked if they would be wiling to limit the evening hours? Mr. Martino stated it would be prior to midnight but until the diners vacate the area. Mr. Geiler asked who would control the volume? He stated that the responsibility is that of the hotel – not the entertainers. Can they commit the hotel to control that noise? Mr. Martino stated their own hotel policy does not allow loud music as they do not want to disturb their OWN guests. Officer Maher’s concern is the types of music OTHERS may ask for down the street – it could leave us open to other types of music which would be louder and more disruptive. Mr. Martino said they own the property, restaurant and hotel and are trying to get quality entertainment. Mr. Burman stated the Board is very sensitive about this issue. Mr. Martino stated they have a past history of entertainment and no problems. Mr. Hoxie stated we should look at these cases individually and not compare one to another. We can make amendments if needed later, should what we grant not work out. Mr. Sullivan stated we are stepping into a new area now; but have to be careful. If they cause a problem it will be limited or eliminated.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Heritage House Hotel, 259 Main Street, Hyannis, Jan Daale, Manager, for Modification to its Daily Live Entertainment License to include the outside patio and change the hours to noon to 12:45 a.m., 3 entertainers maximum outside and for a Daily Non-Live License and to change the hours on its Sunday Entertainment License, to 1:00 pm to 12:45 a.m. Transfer of Annual Retail Package Store Wine & Malt License: Application of Srajy’s Inc., d/b/a Mini Food Mart, 252 Main Street, Muatsim N. Chaudhry, Manager, for Transfer of its Annual Wine & Malt Package Goods Store License to SAM Inc., d/b/a Mini Food Mart, Asim Jamal, Manager. Attorney Paul Tardif. appeared for this application. This property is right next to the railroad station. The TIPS training has been completed for all employees. About 4-5 months ago the current owner was approached by BPD with regard to controlling the vagrants, etc. and asked to limit packaging of alcohol. They did voluntarily change packaging and number of pieces in a sale – not selling singles. It seems to have worked well. The new owner will continue that. There is no plan to change anything on the present license. The store closes about 5 minutes to eleven. Mr. Hoxie asked about the new Manager’s experience – he has worked there for 4-5 months; they have an ID checking system and cameras inside and outside which are very visible. Lt. Jason spoke that the problem was brought to their attention of loitering there, etc. She wonders if the former manager will have anything to do with this license? She went on to say that he was allowing homeless to put their personal belongings behind his counter and selling singles cigarettes. This seems to have stopped – and selling the 40 oz. beer really cheaply has stopped as well, to try to eliminate this clientele. Mr. Hoxie verified the applicant is a citizen. Mr. Burman is concerned about giving a license to a manager most of whose experience is in places without alcohol – does he understand the ramifications of sales of alcohol? Attorney Tardif stated he does understand and has worked at this place just recently. He understands there will be compliance checks announced or unannounced. Mr. Sullivan wanted to reiterate that this location makes it hard on management – they must be very diligent. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Srajy’s Inc., d/b/a Mini Food Mart, 252 Main Street, Muatsim N. Chaudhry, Manager, for Transfer of its Annual

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Wine & Malt Package Goods Store License to SAM Inc., d/b/a Mini Food Mart, Asim Jamal, Manager. New Lodging House License: Application of Eastern New England Council, Hostelling International-American Youth Hostels, Inc., d/b/a Hostelling International-Hyannis, Robert Sylvia, Manager, for a new Lodging House License at 105 and 111 Main Street, Hyannis, with a maximum of 4 buildings, with 47 maximum lodgers (beds), and 16 maximum parking spaces. John Yonce appeared for the application. They have a regulatory agreement with the Town to operate this hostel. It has been a long road to get here. Mr. Burman stated there were two houses originally; they were 105 and 111 Ocean Street. Mr. Yonce represented that they plan to be open for July. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Eastern New England Council, Hostelling International-American Youth Hostels, Inc., d/b/a Hostelling International-Hyannis, Robert Sylvia, Manager, for a new Lodging House License at 105 and 111 Main Street, Hyannis, with a maximum of 4 buildings, with 47 maximum lodgers (beds), and a maximum of 16 parking spaces. New Class II Auto Dealer License: Application of H & P Capital Management, Inc., d/b/a Route 66 Auto Sales, William A. Gasson, Manager, for a New Class II Automobile Dealer’s License, 362A Yarmouth Road, Hyannis, MA, maximum of 18 total vehicles on the property, hours of operation: 10 am – 5 pm M-F; 10 am - 3 pm Sat. Mr. Burman recused himself from this hearing; Mr. Boy will be sitting. William A. Gasson appeared for the license. He stated that currently Route 66 Auto Sales is at this location. There is a tractor company next-door – and a business sells medium tractors and across the street is canvas sales. Mr. Hoxie asked if there will be repairs or car washing? Mr. Gasson stated there will not. Mr. Sullivan asked Mr. Gasson if he has been in this business before? He stated he has, for 33 years off Cape. Deb Krau from the Hyannis Water Board came forward again for this license. She questioned where the staff is to do the checks and enforcement on these businesses. She wonders how 362 has carved out a 362 “A?” She stated a waste meter is required at this location. Is the Board of Health getting those reports? Her concern is enforcing the restrictions being put on these licenses. She is hopeful that there is. She has already asked if the Health Dept. has reports from 362. Mr. Geiler asked whose restriction it is about the waster meter? It was a Special Permit with conditions - ZBA Appeal 1993-64 for 362 Yarmouth Road. Mr. Geiler thinks it is still one lot with multiple tenants. Mr. Geiler stated he will get the information for her.

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Mr. Hoxie asked the applicant if he is aware of this location’s restrictions; Mr. Gasson said he is aware of the restriction on total number of vehicles being 18. Mr. Sullivan asked if this issue was ever brought up to him? He stated it was not. Mr. Hoxie stated we will look into this. Mr. Geiler said that we have had show cause hearings in the past for compliance. The police and fire departments do inspections as does building and fire, regularly. The DPW has a wastewater department which reviews activities on sewer and Health on a site specific system as well as state agencies…is that enough? Mr. Geiler stated he would like to have more, but we do routine inspections and have a degree of confidence, and if non-compliance is indicated they are brought to the Board to explain why they are not in compliance. A motion was duly made by Paul Sullivan, seconded by Dick Boy, and a unanimous vote taken to approve the application of H & P Capital Management, Inc., d/b/a Route 66 Auto Sales, William A. Gasson, Manager, for a New Class II Automobile Dealer’s License, 362A Yarmouth Road, Hyannis, MA, maximum of 18 total vehicles on the property, hours of operation: 10 am – 5 pm M-F; 10 am - 3 pm Sat. Change of Location: Application of Unveiled Seafood, Inc., d/b/a The Naked Oyster, 20 Independence Drive, Hyannis, Florence Lowell, Manager for a Change of Location to 408 Main Street, Hyannis with the licensed premises described as follows: Single story brick structure with a basement at 408 Main Street, Hyannis. Consists of one entrance/exit on the South side, one entrance/exit on the East side, one entrance/exit on the east side of the building. Dining room seating for 76, bar drink rail for 8, 10 standees, 14 employees, outdoor cafe with 18 seats in front of the building. Kitchen, storage & restroom areas. Total main floor 2200 sq. ft. 1,400 sq. ft. basement – office, storage, restrooms and a function room with 20 seats. Mr. Burman stated maybe someone might perceive he has a conflict of interest in this matter but he is not involved in any way. He will sit on the hearing. Florence Lowell appeared for this application of change of location for The Naked Oyster to the Puritan Clothing Store building. This will be where the old Cricket Shop was located. They are hoping to move by July 1st. They will hopefully stay open until then and have no down time if possible. There will be access during the hours of operation of Puritan through the store. They will make sure no alcohol is taken out of their restaurant. The function room will have handicap access and elevator access and a sign out front. There will be outside dining on Main Street – an iron fenced-in patio six feet from the sidewalk. She has a meeting for the Town Manager Agreement and it has gone through historic as well. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the application of Unveiled Seafood, Inc., d/b/a The Naked Oyster, 20 Independence Drive, Hyannis, Florence Lowell, Manager for a Change of Location to 408 Main Street, Hyannis with the licensed premises

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described as follows: Single story brick structure with a basement at 408 Main Street, Hyannis. Consists of one entrance/exit on the South side, one entrance/exit on the East side, one entrance/exit on the east side of the building. Dining room seating for 76, bar drink rail for 8, 10 standees, 14 employees, outdoor cafe with 18 seats in front of the building. Kitchen, storage & restroom areas. Total main floor 2200 sq. ft. 1,400 sq. ft. basement – office, storage, restrooms and a function room with 20 seats, with the outside seating contingent upon approval of a Sidewalk Café Agreement from the Town Manager. Show Cause Hearing: Show Cause Hearing for Cape Cod Precious Gems & Coins, 48 Iyannough Road, Hyannis, MA, Carl Marchetti, Manager, for revocation of its Junk Dealer License as a result of information presented to the Licensing Authority by Detective Sgt. John Murphy of the Barnstable Police Department at the December 7, 2009 Licensing Authority Hearing for failure to comply with the Town of Barnstable Rules and Regulations under Chapter 502 regarding non-reporting of items purchased for sale, that it purchased items which appear on a list of stolen property, and a determination that Mr. Marchetti is an improper person to hold a Junk Dealer License, to show cause why its Junk Dealer License should not be permanently revoked. This hearing was continued again as the police sergeant who called for this hearing could not attend this morning due to an emergency last evening. Mr. Hoxie stated there is a request from Attorney Atwood’s Office to continue this hearing – they represent him in the criminal matter…it is moving along slower than anticipated. She thinks it may go on for a three month period. We will continue the hearing to Monday, August 16, 2010 and that he remain suspended (closed) until that date. A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to continue this hearing to August 16, 2010 with the suspension to remain in place. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Automatic Amusement - Carousel: Courtyard Marketplace A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the above renewal for a carousel. Non-Live Entertainment:

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Courtyard Marketplace A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the above renewal for non-live entertainment. Video Games: Courtyard Marketplace (40) A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the above video games license for renewal. Sunday Entertainment: Courtyard Marketplace A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the above Sunday entertainment license for renewal. Junk Dealers Trade Secret Antiques Best for Less Guertin Brothers Jewelers Cotuit Mercantile A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the above Junk Dealer licenses for renewal. Common Victualler: McGee’s Ice Cream A motion was duly made by Gene Burman, seconded by Paul Sullivan, and a unanimous vote taken to approve the above Common Victualler license for renewal. Business Meeting: Blackburn’s Auto Sales: Mr. Geiler stated we sent a letter to Blackburn’s for a written detailed plan for cleanup of his site – we got a letter requesting a 90 day timeframe to do this cleanup. Our expectation would be to get a plan, which we did not get. His suggestion is to grant the 90 days but expect to see the property in compliance in 90 days.

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A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to inform Mr. Blackburn that we expect his property to be in compliance within 90 days. Cape Cod Lincoln Mercury: Mr. Geiler stated this seems to be a competitive issue. The bottom line is that Cape Cod Lincoln Mercury is advertising new Ford autos. They are authorized for new vehicle sales. Mr. Geiler thinks that as a response to this letter we should send them a copy of the license and state we do not see a licensing issue in this situation. The Board agreed. FYI – Restaurant All Alcohol (fine and warning). Nothing to be done on it at this time – placed in file as a warning.

Restaurant All Alcohol – Request for Show Cause Hearing Date – The Dockside. Mr. Hoxie suggested that this hearing be held on June 7, 2010. The BPD will hold another seminar on Wednesday, 5/26 for alcohol establishments at 10 am – and will ask Christine Ade to send out the letters. She was asked to use the same letter from a couple years ago and change the date. Mr. Geiler will get our minutes to Town Attorney for a decision for Ferreira’s hearing on 5/17, but thinks it may not be enough time for an answer to be provided as this is an impossible time of year due to budgets for the next fiscal year. Adjourned at 11:57 am. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



June 7, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, June 7, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Paul Sullivan, Clerk; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Hearings: One Day All Alcohol License: Application of Katherine Pina on behalf of St. Anthony’s Charity Club, Old Mill Road, Osterville, MA, for a One Day All Alcohol License for Saturday, June 12, 2010 for its annual Feast Day of St. Anthony of Padua held outdoors only from noon to 6 pm. Katherine Pina appeared for her application. This is a yearly event for the children. A tree is filled with fruit. They have had no problem for years. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Katherine Pina on behalf of St. Anthony’s Charity Club, Old Mill Road, Osterville, MA, for a One Day All Alcohol License for Saturday, June 12, 2010 for its annual Feast Day of St. Anthony of Padua held outdoors only from noon to 6 pm. One Day & Sunday Entertainment Licenses: Application of Linda Mawhinney on behalf of Cape Cod Symphony Orchestra, 712A Main Street, Yarmouth Port, for 11 One Day Entertainment Licenses and 8 Sunday Entertainment Licenses to be held at Barnstable High School Performing Arts Center, 744 West Main Street, Hyannis for the following dates and times: Friday: December 3, 2010 4 pm & 8 pm Sundays: September 26, 2010 3 pm Saturdays: September 25, 2010 8 pm October 10, 2010 3 pm October 9, 2010 8 pm November 7, 2010 3 pm November 6, 2010 8 pm December 5, 2010 3 pm December 4, 2010 3 pm & 8 pm January 23, 2011 3 pm




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January 1, 2011 3 pm April 10, 2011 3 pm January 22, 2011 8 pm May 8, 2011 3 pm February 12, 2911 8 pm February 26, 2011 8 pm April 9, 2011 8 pm May 7, 2011 8 pm Mrs. Sheehy appeared for Cape Cod Symphony Orchestra. These events will be at the high school. This is their 49th season. Admission is $23-$60 depending on seats. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Linda Mawhinney on behalf of Cape Cod Symphony Orchestra, 712A Main Street, Yarmouth Port, for 11 One Day Entertainment Licenses and 8 Sunday Entertainment Licenses to be held at Barnstable High School Performing Arts Center, 744 West Main Street, Hyannis for the following dates and times: Friday: December 3, 2010 4 pm & 8 pm Sundays: September 26, 2010 3 pm Saturdays: September 25, 2010 8 pm October 10, 2010 3 pm October 9, 2010 8 pm November 7, 2010 3 pm November 6, 2010 8 pm December 5, 2010 3 pm December 4, 2010 3 pm & 8 pm January 23, 2011 3 pm January 1, 2011 3 pm April 10, 2011 3 pm January 22, 2011 8 pm May 8, 2011 3 pm February 12, 2911 8 pm February 26, 2011 8 pm April 9, 2011 8 pm May 7, 2011 8 pm One Day Entertainment (Sunday): Application of Donald Roycroft on behalf of the Marine Corps. League, Cape & Islands Det 955, 8 Main Street, Orleans, MA for a benefit concert to be held at the West Villages School, 760 Osterville-West Barnstable Road, Marstons Mills, MA from 2:30 pm to 3:30 pm on Sunday, October 17, 2010. The Marine Corps League is having a benefit concert to raise funds for battle color ceremony. Dudley Thomas appeared with Mr. Roycroft as well. It is just for entertainment. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Donald Roycroft on behalf of the Marine Corps. League, Cape & Islands Det 955, 8 Main Street, Orleans, MA for a benefit concert to be held at the West Villages School, 760 Osterville-West Barnstable Road, Marstons Mills, MA from 2:30 pm to 3:30 pm on Sunday, October 17, 2010.

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One Day Entertainment License: Application of George Kennedy on behalf of the Barnstable - Yarmouth Lions Club, 238 Bank Street, Harwich, MA for a benefit concert with a 7 piece band and a Rod Stewart Impersonator to be held on the Village Green, Hyannis, MA from noon to 6 pm on Saturday, July 10, 2010 (rain date July 17, 2010). Mr. Kennedy appeared for this application. The admission is $25; it is done through telephone sales. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of George Kennedy on behalf of the Barnstable - Yarmouth Lions Club, 238 Bank Street, Harwich, MA for a benefit concert with a 7 piece band and a Rod Stewart Impersonator to be held on the Village Green, Hyannis, MA from noon to 6 pm on Saturday, July 10, 2010 (rain date July 17, 2010). One Day All Alcohol, 2 One Day Beer Only and 3 Entertainment Licenses: Application of Janet Preston, Director, on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis for a Pirate’s Ball on June 11, 2010 in a tent behind the museum from 7 pm to 11 pm with live entertainment and dancing; for two One Day Beer Only Licenses on June 12, 2010 (10 am to 4 pm) and June 13, 2010 (noon to 4 pm) for its outdoor 9th Annual Cape Cod Maritime Festival under a tent outside the museum with live entertainment from 10 am to 4 pm each day. Janet Preston appeared for her application. She has a couple changes – the pirate’s ball is all alcohol and the other two are beer and wine. They anticipate the people will come into Hyannis and shop as well. It is partially under the tent and partially in the park. They have had no problems in the past – had 8,000 people last year. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Janet Preston, Director, on behalf of Cape Cod Maritime Museum, 135 South Street, Hyannis for a Pirate’s Ball on June 11, 2010 in a tent behind the museum from 7 pm to 11 pm with live entertainment and dancing; for an all alcohol license on June 11 and two One Day Beer Only Licenses on June 12, 2010 (10 am to 4 pm) and June 13, 2010 (noon to 4 pm) for its outdoor 9th Annual Cape Cod Maritime Festival under a tent outside the museum with live entertainment from 10 am to 4 pm each day. Mr. Burman granted the license provided they have the necessary shuttle for parking. Three One Day All Alcohol Licenses, Daily & Sunday Entertainment Licenses: Application of Patricia Trempelas, on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville for an All Alcohol License and Entertainment License for its annual Grecian Festival to be held at the church on July 16, 2010 (4 pm to 11 pm), 7/17/10 (11 am to 12 midnight), and 7/18/10 (11 am to 6 pm), with

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recorded music with DJ “Nikos Musical Sound,” live music (5 member band “Ta Pethia”), and Greek folk dancing by St. George Youth Dance Troupe. Nick Atsalis appeared with Tony Zombas for this application. They are a non profit registered group and this is their annual fundraiser. Parking is the same as the past years; parking next to CVS. It has worked out well. Police detail is there Friday and Saturday. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Patricia Trempelas, on behalf of St. George Greek Orthodox Church, 1130 Falmouth Road, Centerville for an All Alcohol License and Entertainment License for its annual Grecian Festival to be held at the church on July 16, 2010 (4 pm to 11 pm), 7/17/10 (11 am to 12 midnight), and 7/18/10 (11 am to 6 pm), with recorded music with DJ “Nikos Musical Sound,” live music (5 member band “Ta Pethia”), and Greek folk dancing by St. George Youth Dance Troupe. One Day All Alcohol License: Application of Olive Chase, of The Casual Gourmet, 31 Richardson Road, Centerville, for a One Day All Alcohol License on behalf of Save Our Sound, 4 Barnstable Road, Hyannis for an event in a tent (all outdoors) at 299 Sea View Avenue, Osterville on June 26, 2010 from 5:30 pm to 7:30 pm. This will be a fundraiser in a tent. All her servers are TIPS trained. Save Our Sound is a 501 C3. They anticipate about 70 people. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Olive Chase, of The Casual Gourmet, 31 Richardson Road, Centerville, for a One Day All Alcohol License on behalf of Save Our Sound, 4 Barnstable Road, Hyannis for an event in a tent (all outdoors) at 299 Sea View Avenue, Osterville on June 26, 2010 from 5:30 pm to 7:30 pm. New Annual Retail Wine & Malt Package Store License: Application of Victoria & Alexandria West Main St., LLC, d/b/a Sav-On Gas, 300-326 West Main Street, Hyannis, MA, Jay Imad, Manager, for a New Annual Retail Wine & Malt Package Goods Store License. A fax was received on 6/4/10 requesting that this hearing be continued to 6/21/10. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to continue the application of Victoria & Alexandria West Main St., LLC, d/b/a Sav-On Gas, 300-326 West Main Street, Hyannis, MA, Jay Imad, Manager, for a New Annual Retail Wine & Malt Package Goods Store License to the Licensing Authority hearing on 6/21/10.

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Amend Daily and Sunday Non-Live Entertainment Licenses to Add Outside Speakers: Application of TGI Fridays, Inc., 796 Iyannough Road, Hyannis, Donald James Raymond, Manager, for a Daily Non-Live Entertainment License for stereo music with speakers outside on the patio located between each awning (3 speakers in all). Attorney DiNapoli appeared for this application. The manager of record is also at the hearing, recently changed on record to Teresa Coppinger. They have had these speakers for years; however, they have not had them on their license. This is for the outdoor patio area. Jukebox and stereo system only – has a separate volume control for the front. There is a parking lot and a large wall and loading dock on one side and the front; there is another seating area without a speaker at the section towards the Mall entrance. Leo Fine has no objection; might make it here today. It is not loud enough to disturb anyone. There are 3 speakers – between each but the one near the Mall entrance. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of TGI Fridays, Inc., 796 Iyannough Road, Hyannis, Donald James Raymond, Manager, for a Daily Non-Live Entertainment License for stereo music with speakers outside on the patio located between each awning (3 speakers in all). Alteration of Premises: Application of Wianno Club, 107 Sea View Avenue, Osterville, MA to change the license description as follows: Wooden structure with 11 rooms on first floor, 22 rooms on second floor, 16 rooms on 3rd floor. Ocean front deck, terrace and basement for storage. Entrance/Exit on Sea View Avenue. Albert Schultz, Esq. and Peter Davies, Director, appeared for the Wianno Club application. Mr. Hoxie stated everything seems to be in order. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Wianno Club, 107 Sea View Avenue, Osterville, MA to change the license description as follows: Wooden structure with 11 rooms on first floor, 22 rooms on second floor, 16 rooms on 3rd floor. Ocean front deck, terrace and basement for storage. Entrance/Exit on Sea View Avenue. Mr. Geiler stated the description does not include the property on the north side; he wondered if the cottages across the street are included; there are 3 cottages and one on the ocean side. He suggests if there is room service these should be included on the license – 4 cottages. Mr. Burman made a motion to include the 4 cottages and it was unanimously voted to include these – they will call Licensing to add the addresses of the cottages to the request to the ABCC. New Common Victualler Licenses: Applications (two) of McBee Enterprises, LLC, d/b/a McDonald’s, for locations at 654 Iyannough Road, Hyannis (60 seats),

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Ana Melo, Manager, and 175 North Street, Hyannis (60 seats), Renata Barboza, Manager, for a new Common Victualler License, hours of operation of each to be 5 am to 1 am Monday – Sunday. Jeffrey Senterman appeared for this application – everything remains the same; they are just purchasing from Keppler. j A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the applications of McBee Enterprises, LLC, d/b/a McDonald’s, for locations at 654 Iyannough Road, Hyannis (60 seats), Ana Melo, Manager, and 175 North Street, Hyannis (60 seats), Renata Barboza, Manager, for a new Common Victualler License, hours of operation of each to be 5 am to 1 am Monday – Sunday. Change of D/B/A on Seasonal All Alcohol Common Victualler License: Request of Manny’s Dad, Inc., d/b/a Salty Cod, 213 Ocean Street, Hyannis, MA, Timothy Gaudette, Manager, for a change of d/b/a to Blue Water Grille. Dana Heilman, one of the owners, appeared for this application. Over the winter they did a renovation there and this new name suits it better. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Manny’s Dad, Inc., d/b/a Salty Cod, 213 Ocean Street, Hyannis, MA, Timothy Gaudette, Manager, for a change of d/b/a to Blue Water Grille. New Annual All Alcohol Common Victualler License: Application of Pain D’Avignon II, Inc., d/b/a Pain D’Avignon Cafe - Boulangerie, 15 Hinckley Road, Hyannis, MA, Mario Mariani, Manager, for a New Annual All Alcohol Common Victualler License. Continued from 5/17/10. Mario Mariani appeared for this application. They are changing the license from beer and wine. There are no other changes. They have had many requests for the all alcohol license. They have added enough seats to accommodate more people. Mr. Sullivan asked how late they are open for dinner – they serve until 11 pm. He requested closing of 1 am. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Pain D’Avignon II, Inc., d/b/a Pain D’Avignon Cafe - Boulangerie, 15 Hinckley Road, Hyannis, MA, Mario Mariani, Manager, for a New Annual All Alcohol Common Victualler License, with a closing time of 1 am.

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New Officers/Directors: Application of 99 Restaurants of Boston, LLC d/b/a 99 Restaurants/Pubs, 1600 Falmouth Road, Centerville, MA, Thomas Hann, Manager, for a Change in Officers/Directors as filed with the ABCC. Mr. Hann appeared for this change – it is corporate only. Chief Manager and President resigned, another two officers also changed titles. A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of 99 Restaurants of Boston, LLC d/b/a 99 Restaurants/Pubs, 1600 Falmouth Road, Centerville, MA, Thomas Hann, Manager, for a Change in Officers/Directors as filed with the ABCC. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Junk Dealers: Play It Again Sports A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of Play It Again Sports for renewal of its annual Junk Dealer License. Lodging House: The Pilot House A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of The Pilot House for renewal of its annual Lodging House License. Common Victualler: CBA Snack Bar A motion was duly made by Gene Burman, seconded by Paul Sullivan and a unanimous vote taken to approve the application of CBA Snack Bar for renewal of its Common Victualler License. Business Meeting: BPD – Lodging House non-renewals? It was suggested they be sent letters to see if they are still operating.

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BPD – follow-up on complaint filed? Mr. Geiler stated that the photo sent to the Licensing Board which came in an email complaint shows containers; we would like it looked at as our license shows a restriction that nothing be outside. Officer Maher will check on that. Discussion on Special Licenses: Mr. Geiler stated sometimes a day or two before an event we see it in a paper; many are ones that are non profits, but it seems to be growing…none of these people have come in for licenses. It is difficult to anticipate who will do this. There is some confusion when a business invites the public versus a private function where a license is not required. If the public is invited, there is a license required from us. Even if they don’t charge, with alcohol, if the public is invited there is a license required. A private party doers not need a license – it is private (by invitation only). Mr. Burman brought up Margo’s in Osterville, which is the most recent one noticed in a paper. There is a charge so they would require a license. Mr. Geiler stated he thinks we should make them aware by letter that if the place they are having the event is not licensed, they would have to come to us to get that license to operate with alcohol legally. If something was to draw the attention of emergency crews, it could be a problem for instance. Lt. Jason agreed. Mr. Geiler also stated we have a restaurant which has opened without renewal of its Common Victualler license. We have attempted to reach them by mail and phone – to no avail and we would like to send them a notice to close until they come in to get our license. They have a Health Food Service Permit but have not filed our application or gotten the building and fire inspections. There is no alcohol. Mr. Hoxie stated they should be notified to close until their renewal is taken care of and inspections conducted. Adjourned at 10:20. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Paul Sullivan, Clerk Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority



June 21, 2010 A regular meeting of the Barnstable Licensing Authority was held on Monday, June 21, 2010. Chairman Martin Hoxie called the meeting to order at 9:30 A.M. He introduced Gene Burman, Vice Chairman; Dick Boy, Associate Commissioner; Thomas Geiler, Director of Regulatory Services, Kim Connors, Licensing Agent, Lt. JoEllen Jason and Patrolman Steve Maher, Liaison Officers from the Barnstable Police Department, and Christine Ade, Recording Secretary. Paul Sullivan, Clerk, was absent. Hearings: Sunday Entertainment License: Application of Patricia Janiak on behalf of Cape Abilities, 895 Mary Dunn Road, Hyannis, for a Sunday Entertainment License for a performance by the group Young at Heart (73 years of age and up) from Northampton, MA at the Barnstable Performing Arts Center, 835 Falmouth Road, Hyannis, on October 3, 2010 from 2 pm to 7 pm. Ms. Reagan, who works for Pat, appeared for their application where they raise funds for people with disabilities. Mr. Burman asked if there was a fee – the tickets are $30 and $75. She advised that they have quite a website if we want to see it. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Patricia Janiak on behalf of Cape Abilities, 895 Mary Dunn Road, Hyannis, for a Sunday Entertainment License for a performance by the group Young at Heart (73 years of age and up) from Northampton, MA at the Barnstable Performing Arts Center, 835 Falmouth Road, Hyannis, on October 3, 2010 from 2 pm to 7 pm. Two One Day Beer & Wine Licenses: Application of David Kuehn, on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit for two Beer & Wine Licenses for a concert on July 9, 2010 from 8 pm to 10 pm and a music festival on July 10, 2010 from 3 pm to 11 pm. Mr. Kuehn appeared for the two requests.




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A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of David Kuehn, on behalf of Cotuit Center for the Arts, 4404 Route 28, Cotuit for two Beer & Wine Licenses for a concert on July 9, 2010 from 8 pm to 10 pm and a music festival on July 10, 2010 from 3 pm to 11 pm. One Day Entertainment License: Application of Kevin Pidgeon on behalf of Hyannis Sound, Inc., 14 Franbill Road, Hyannis, for an Entertainment License for an alumni reunion/concert at the Barnstable High School Auditorium, 744 West Main Street, Hyannis, on August 7, 2010 from 8:00 pm to 11:00 pm. The whole ensemble appeared this morning; they have a great night with the alumni – have been around since 1994. The public enjoys this. Admission is charged. Mr. Hoxie asked to hear some of the music. After a really nice performance, Mr. Hoxie stated, who could object to that? A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Kevin Pidgeon on behalf of Hyannis Sound, Inc., 14 Franbill Road, Hyannis, for an Entertainment License for an alumni reunion/concert at the Barnstable High School Auditorium, 744 West Main Street, Hyannis, on August 7, 2010 from 8:00 pm to 11:00 pm. One Day All Alcohol License: Application of Todd Walantis of The Cape Cod $5000, 151 Great Hill Road, West Barnstable, for a One Day All Alcohol License to benefit Cape Cod Child Development, 83 Pearl Street, Hyannis, for an event to be held at Oyster Harbors Marine, 182 Bridge Street, Osterville on June 27, 2010 from 3 pm to 8 pm for a cookout/awards ceremony for its 2nd annual fishing tournament. Mr. Walantis appeared for this application. This is the 2nd annual striped bass and bluefish tournament. They will donate to Cape Cod Child Development. There were no problems at the first one – it was well staffed; parking was averted so there were no issues. Mr. Burman asked where they will get the alcohol? They hired Bartending Service of New England. The transportation and serving is controlled by that entity. Officer Maher asked that we make the license contingent upon the production of the transport license. The alcohol can only be purchased from a wholesaler. Mr. Hoxie asked that he contact the bartending service to provide us proof they are authorized to transport. A motion was duly made by Gene Burman, seconded by Dick Boy and a unanimous vote taken to approve the application of Todd Walantis of The Cape Cod $5000, 151

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Great Hill Road, West Barnstable, for a One Day All Alcohol License to benefit Cape Cod Child Development, 83 Pearl Street, Hyannis, for an event to be held at Oyster Harbors Marine, 182 Bridge Street, Osterville on June 27, 2010 from 3 pm to 8 pm for a cookout/awards ceremony for its 2nd annual fishing tournament subject to the transportation question being resolved. Junk Dealer License – relocation: Application of Newbury Comics, Inc., d/b/a Newbury Comics, 769 Iyannough Road, Cape Cod Mall, S121A, Hyannis, MA, Dan Harrington, Manager, for relocation of its Junk Dealer License from 1070 Iyannough Road, Hyannis. The hours of operation will be 10 am to 10 pm. Mr. Harrington appeared for Newbury Comics. They are simply moving their business. There will be no changes and they are aware of all the regulations. Mr. Hoxie asked how long the lease term would be; it is until June 2013. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Newbury Comics, Inc. d/b/a Newbury Comics, for a Junk Dealer license at 769 Iyannough Road, the Cape Cod Mall, S121A, Hyannis, MA, Dan Harrington, Manager, hours of operation 10 am to 10 pm. New Common Victualler License: Application of LBK, LLC, d/b/a Burger King #17712, 769 Iyannough Road (Cape Cod Mall Food Court), Hyannis, for a New Common Victualler License, Ronald Dimick, Manager, hours of operation to be Mon-Sat 10 am – 9pm, and Sun 12 pm – 6 pm. Ronald Dimick appeared for this application; he is actually the District Manager. They plan to open June 28th. It is the old McDonald’s location. Mr. Burman asked about these hours – are they the hours of the Mall? These are the food court hours according to Mr. Dimick. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of LBK, LLC, d/b/a Burger King #17712, 769 Iyannough Road (Cape Cod Mall Food Court), Hyannis, for a New Common Victualler License, Ronald Dimick, Manager, hours of operation to be Mon-Sat 10 am – 9pm, and Sun 12 pm – 6 pm subject to necessary regulations and approval of the Board of Health. New Junk Dealer License: Application of John F. Lenahan, d/b/a Simple Elegance Antiques & Fine Art, 845 Main Street, Unit H, Osterville, MA, John F. Lenahan, Manager, for a New Junk Dealer License, hours of operation 10 am to 5 pm Mon-Sat & noon to 4 pm Sun. Mr. Lenahan appeared for his antique shop – they have furniture, fine art, glass including Loetz and Steuben. He thanked the Board, stating, “Have a great day.”

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A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of John F. Lenahan, d/b/a Simple Elegance Antiques & Fine Art, 845 Main Street, Unit H, Osterville, MA, John F. Lenahan, Manager, for a New Junk Dealer License, hours of operation 10 am to 5 pm Mon-Sat & noon to 4 pm Sun. New Junk Dealer License: Application of Stanley Allan Holmy, d/b/a Second Time Around, 631 Main Street, Hyannis, MA, Stanley Allan Holmy, Manager, for a New Junk Dealer License, hours of operation 9 am to 5 pm. Mr. Holmy purchased this business from a prior owner. It is a consignment shop – clothing, furniture, home goods, costume jewelry. They are closed Tuesdays and open a bit later on Sundays 12-6 pm. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to approve the application of Stanley Allan Holmy, d/b/a Second Time Around, 631 Main Street, Hyannis, MA, Stanley Allan Holmy, Manager, for a New Junk Dealer License, hours of operation 9 am to 5 pm. New Annual Retail Wine & Malt Package Store License: Application of Victoria & Alexandria West Main St., LLC, d/b/a Sav-On Gas, 300-326 West Main Street, Hyannis, MA, Jay Imad, Manager, for a New Annual Retail Wine & Malt Package Goods Store License. The applicant has requested a continuation to the 6/21/10 hearing. Richard Harb, Esq. appeared for the corporation requesting the annual package store license – wine and malt. They are open Monday through Sunday – a gas station, convenience store. They have a 25 year lease – 5 years at a time with renewals. They are a full serve station. They sell international foods – cater to the area. They sell bagels, coffee, etc. The building is approx 2500 sq ft. The wine and malt will be sold in 2 locations – one in a room unused now (250 sq ft) and in the cooler in the main premises. The alcohol in the new room will have doors shut and locked in all hours in which they cannot be sold. The cooler will be locked when it is not legal to sell. Mr. Imad owns another store in Yarmouth – Jay-Mart. He has owned it since 2992. It is a similar operation to what they are doing at this location. Mr. Imad is very knowledgeable – both stores also sell cigarettes and lottery tickets. He checks ID’s and has an assistant manager at each location who is always there. His employees will be TIPS trained and he will purchase electronic ID machine which will be invaluable to them to prevent any errors of sale of alcohol on the premises to people who should not be buying. These are qualified individuals and will be a benefit to the area where it is located. It would be a convenience to the public who come in for gas, a few food items, and could now purchase alcohol. There is another store about ½ mile one way and another about ¾ mile the other way. The neighborhood is an area where people could walk to this store. It is highly populated. He will keep prices competitive in the area by adding another venue to purchase alcohol.

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Attorney Harb thanked Christine Ade for her patience and help with the application process. Mr. Hoxie asked if there were any comments from the public – the general public has given them positive feedback with this service to be added. Mr. Hoxie stated that he did mention the two stores nearby; Attorney Harb stated there really is a need, since this is a convenience store selling international foods – it serves the individuals who come there for those items anyways. The neighbors do like to be able to walk to such a convenient store to the residential area nearby. The nature of his products do bring people to this store. Mr. Hoxie asked how many spaces are allotted to the store? Attorney Harb stated they have 18 marked spots and room for more on the side. He has curb cuts on West Main and on the side road – Pontiac, as well. Mr. Hoxie asked if this would increase the traffic on West Main? Attorney Harb stated he already has the traffic coming for gas and food stuffs – he thinks it will relieve the congestion in other areas nearby. Also, the walking customers would increase and not be in their cars. Mr. Boy asked about input from the public? Has this really been answered? Attorney Harb stated he is not applying for this license with any financing; the license is not being pledged. This money is coming out of his pocket. He is applying because enough people at his tore have requested this. Mr. Boy stopped in yesterday and looked around – the employees did not know what he was talking about. Mr. Burman again asked how the public need is being served if we grant this license? This is the information we usually base the issuance of a new license. Mr. Burman stated maybe a petition that the customers in the area have requested or want this service. He does not think they have demonstrated the other stores are not fulfilling the public need. Attorney Harb thinks a petition would only show public acceptance, not “need.” As far as the other stores are concerned; since we only have a certain number of licenses based on our population with 3 left to be issued. He thinks we could utilize the extra licenses available (3 left at present). The people in the immediate neighborhood are not having their needs met where this store would fill that gap. When the cars are stopping there they can also purchase their alcohol and not have to drive elsewhere. Mr. Boy feels the public need is being adequately served by the two stores nearby. Mr. Burman still does not prove a need. Mr. Hoxie stated that this Board turned down another request a while back for close to this area; just because we have some licenses available does not mean we have to issue them. Mr. Hoxie does not think they have met the burden of proof for a new store offering beer and wine in this location. We are not limiting competition but need to use these licenses in an area where the public would be better served. Mr. Burman stated it is not easy to get in and make a left from one direction and not easy getting out and turning right from there. A motion was duly made by Gene Burman, seconded by Dick Boy, and a vote taken to approve the application of Victoria & Alexandria West Main St., LLC, d/b/a Sav-On

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Gas, 300-326 West Main Street, Hyannis, MA, Jay Imad, Manager, for a New Annual Retail Wine & Malt Package Goods Store License. However, there was a unanimous vote taken to deny the application. Show Cause Hearing: Show Cause Hearing for The Dockside, 110 School Street, Hyannis, MA, Ornel Roberts, Manager, based on a complaint filed by the Barnstable Police Department that it was in violation of the following sections of the Town of Barnstable Code on April 11, 2010 at 0020 hours: 501-3H: For allowing more persons inside the building than the number approved by the Town and shown on its All Alcohol Common Victualler License (50 inside and 75 outside); 501-8: For failure of the licensed Manager to provide adequate supervision of the establishment; and 501-10A: For providing entertainment without an entertainment license. The hearing is to show cause why the seasonal All Alcohol Common Victualler License should not be modified, suspended or revoked. Officer Steve Maher appeared to present the case from Barnstable Police Department. Mr. Hoxie stated to the Licensee that the police will speak, the licensees may talk and question the officer. Officer Maher testified that on Saturday, April 10 into April 11, he was called by Officer Tynan for a lot of noise coming from the Dockside. He could hear the music across the street from his cruiser when he arrived. Officer Tynan was standing with Mr. Gray. Officer Maher asked Mr. Gray who he was – Mr. Gray said he was the manager in charge. Officer Maher stated there were about 100 people in the building – manager stated he thought capacity was about 50. Officer Maher asked him to have everyone leave, shut the music down, and bring the occupancy certificate to Officer Maher. 108 people approximately left the building and the certificate was for 50. The manager of record was not there either – and it was opening night. The speakers he had outside were 2’ x 4’ in size and they do not have an entertainment license for them. Officer Maher stated he is also seeking to charge them with lack of supervision. Mr. Gray stated he is co-owner of the Dockside with Mr. Roberts. He had no questions for Officer Maher and apologizes for what happened. Alan Goddard, abutter on South Street, appeared to share his comments and concerns. He mainly is making a request. He said he was home that night and everything described is true. He went over to speak to Mr. Gray – who came to his home and heard it and it got better for a while but then escalated again. Around 12:30 there was a lot of “leaving” noise – people saying goodbye, etc. He stated that this was yet another demonstration of why there should not be an entertainment license here. He did not make a complaint that night because Mr. Gray did make a good effort to accommodate his needs. He stated the new owners are much better than the former licensees. He also stated these owners have dropped their request to get an entertainment license. He believes they have been good neighbors and

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aside from censure for this event he asks us not to suspend, modify or revoke the license. There have not been problems at all since, and not even dumpster pickup noise. They have been good at keeping their word. Mr. Gray stated he talks to Mr. Goddard on a regular basis, and had no questions for Officer Maher. Mr. Gray stated when they closed last year they asked Mr. Goddard if they could try to get the entertainment going with Mr. Goddard’s permission – they should have come to the Town to ask for it, but did not. That was a mistake, of course. Officer Maher stated entertainment is everything from a radio to live entertainers. He asked if there are at this time speakers on their deck for music? The owners stated there are. There is background music only (slow, non-live). It was brought up that when they came in, it was discussed that they would not have speakers outside. This goes back to the “proper management” question again. They are NOT authorized for the speakers outside. Mr. Hoxie confirmed that they do not have a license for the outside speakers. Mr. Gray stated they would be removed today. Mr. Hoxie asked Officer Maher if he would be adverse to guilty findings and a warning? Officer Maher stated he would not be averse to that. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to accept findings as follows: that The Dockside, 110 School Street, Hyannis, MA, Ornel Roberts, Manager, was in violation of the following sections of the Town of Barnstable Code on April 11, 2010 at 0020 hours: 501-3H: For allowing more persons inside the building than the number approved by the Town and shown on its All Alcohol Common Victualler License (50 inside and 75 outside); 501-8: For failure of the licensed Manager to provide adequate supervision of the establishment; and 501-10A: For providing entertainment without an entertainment license. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to find the licensee guilty on April 11, 2010 at 0020 hours of the following: 501-3H: For allowing more persons inside the building than the number approved by the Town and shown on its All Alcohol Common Victualler License (50 inside and 75 outside); 501-8: For failure of the licensed Manager to provide adequate supervision of the establishment; and 501-10A: For providing entertainment without an entertainment license. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to impose the following sanctions: 501-3H: For allowing more persons inside the building than the number approved by the Town and shown on its All Alcohol Common Victualler License (50 inside and 75 outside): A warning be issued because of the testimony of Mr. Goddard.

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501-8: For failure of the licensed Manager to provide adequate supervision of the establishment: warning be issued because of the testimony of Mr. Goddard. 501-10A: For providing entertainment without an entertainment license: warning be issued because of the testimony of Mr. Goddard. Mr. Hoxie stated that he wanted them to understand that if there are more infractions they will be treated much differently. Show Cause Hearing: Show Cause Hearing for West Main Auto Sales, 405 Main Street, Hyannis, Jeffrey Lasher, Manager, at the request of the Barnstable Police Department relative to violations observed on May 11, 2010 as follows: Failure to properly maintain their Used Vehicle Record Book; failure to properly document inventory; failure to properly display inventory; failure to properly maintain titles and other records; failure to have a properly designated manager; and further for notification of cancellation of Class II Auto Dealer Surety Bond as of 5/20/10 from RLI Surety. No-one appeared for the application. Officer Maher went to the premises because of a complaint; purchase of a lemon – VIN numbers on body and window differed; on that day Officer Maher did not see Jeffrey lasher – Alex Gladkowski was there; Lasher was gone for several months and the other owner, Mr. Hapeman, was not there either. Officer Maher asked to see the used dealer record book which is required by the State. Looking at the book it only went back about 6 months. Each page is to be done by date and is to have no missing pages. The book did not show vehicles on the lot; had regular plates on them – the business was in complete disarray. Officer Maher asked for titles – there were none, the man there stated they were in Yarmouth. There were no lemon law stickers or warranty stickers. Based on the original complaint this place is a problem – vehicles are not passing inspections, etc. There have been 3 complaints and bad doings. Yesterday when he checked, the business was still open. He saw Mr. Gladkowski sitting there. Christine Ade stated that a man did come in to Licensing but has not filed the package for a license. Mr. Hoxie stated we should revoke this license because of all the issues and the testimony of the police department that no-one on the property has any rights to the existing license. Mr. Geiler stated there have also been several complaints about the vehicles purchased there. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to accept findings as follows: that West Main Auto Sales, 405 Main Street, Hyannis, Jeffrey Lasher, Manager, on May 11, 2010 exhibited the following: Failure to properly maintain their Used Vehicle Record Book; failure to properly document inventory; failure to properly display inventory; failure to properly maintain titles and other records; failure to have a properly designated manager; and further

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for failure to respond to the Licensing Authority relative to notification of cancellation of its Class II Auto Dealer Surety Bond as of 5/20/10 from RLI Surety, and that a revocation order be issued immediately. Show Cause Hearing: Show Cause Hearing for Barnstable Auto Exchange, 30 Cit Avenue, #16, Hyannis, Craig LaScola, Manager for notification of cancellation of Class II Auto Dealer Surety Bond as of 5/5/10 by CNA Surety. Christine Ade advised that the licensee has presented a letter surrendering the Class II Auto Dealer License as it could not find the license to surrender. She advised that the licensee would not be present at the hearing. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to accept surrender of the Class II Auto Dealer License of Craig LaScola, d/b/a Barnstable Auto Exchange. Show Cause Hearing: Show Cause Hearing for California Auto Sales, 66 Barnstable Road, Hyannis, Roberto Scatambuli, Manager for notification of cancellation of Class II Auto Dealer Surety Bond as of 4/19/10 by CNA Surety. Mr. Geiler stated that the State Law requires the bond for the license to issue and remain valid. Also, the manager of the record is in Brazil and Christine Ade advised that there is court case ongoing for a bad vehicle being sold and the manager not making the person whole with respect to the vehicle sold him. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to revoke the license and a that cease and desist order be issued. Two men appeared for this hearing – Mr. Scatambuli went to Brazil for 3-4 weeks but never came back. He wanted to get a bond himself – in his own name. They repair cars they buy and sell but not other cars. Mr. Burman suggested this gentleman get an attorney to work on this because they have no license. The license is revoked. Mr. Hoxie also stated this license has been revoked. The present owner will have to reapply for a new license, but Mr. Geiler stated there is no sense of that happening if he does not intend to be there. In the meantime, the purchase and sale of automobiles is not allowed. The property owner will work with the man who came in to get a lease. Mr. Geiler stated he can get a bond and apply in his name. Officer Maher asked who owns the vehicles now? The man at the hearing stated he owns those vehicles. Show Cause Hearing: Show Cause Hearing at the request of the Barnstable Police Department for Julie Fagin, d/b/a Goldfinger, 64 Enterprise Road, Hyannis, MA, Julie Fagin, Manager, for failure to properly file paperwork with the Barnstable Police Department, under Section 502-4 of the Town of Barnstable Licensing

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Authority Second-Hand Dealers and Second Hand Collectors Junk Dealer Regulations. Julie Fagin appeared for Goldfinger. Officer Maher stated on 4/15 he was asked to do a compliance check and record keeping check. How they are filling the paperwork out and photographing the items purchased is not correct. Things must be photographed individually so they can be identified. Officer Maher has had conversations with the proprietors to correct it and they are still not complying. Sgt. Murphy testified that as Officer Maher testified they had issues with the recordkeeping, photographing items and reporting them to the police department. He feels there is no ill intent, they are not trying to cover anything up like some other dealers in Town but the Board standard which is working well is not being adhered to. The husband is always polite and cooperative. Julie sent him a correspondence a few weeks ago and pledge to do better bookkeeping and reporting and photographing and he has noticed a great improvement. Since the hearing notice he sees no problems with Goldfinger. Mr. Fagin thanked Sgt. Murphy for coming today – she sent the letter because she wanted to make sure she could meet Detective Murphy and let them know there was no intent to disregard the regulations – she spoke to Detective York and had been dropping off hard copy reports at BPD and people may not have given these to the right people in a timely manner. She was emailing the reports to a specific person asking if she was getting what they needed. She also was advised to submit the reports electronically, which she was not familiar with, and sending emails as well to make sure they were right. The problem was they could not be opened. She now has new software to send even better reports and take better pictures. Sgt. Murphy stated it is important to note that of course there are growing pains in complying with the new regulations. He is confident there will be no further problems with this company. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken to accept findings as follows: that Julie Fagin, d/b/a Goldfinger, 64 Enterprise Road, Hyannis, MA, Julie Fagin, Manager, failed to properly file paperwork with the Barnstable Police Department, under Section 502-4 of the Town of Barnstable Licensing Authority Second-Hand Dealers and Second Hand Collectors Junk Dealer Regulations, but these were technical rather than intentional mistakes. A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken that Julie Fagin, d/b/a Goldfinger, 64 Enterprise Road, Hyannis, MA, Julie Fagin, Manager, is guilty of failure to properly file paperwork with the Barnstable Police Department, under Section 502-4 of the Town of Barnstable Licensing Authority Second-Hand Dealers and Second Hand Collectors Junk Dealer Regulations.

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A motion was duly made by Gene Burman, seconded by Dick Boy, and a unanimous vote taken for sanctions as follows: file the charges in hopes we do not see this business again. Renewals: The following renewals have been submitted without any changes from the previous year for Licensing Authority approval. Renewals: Common Victualler: Harborside – opened without CV license; had to close until he filed his renewal Mr. Cox stated his last restaurant was in Dennis – he has yet to open for the season; he was informed he does not need the CV license until he hires waitresses and puts his furniture out. He said he was unaware of our renewal process in October as Dennis does not do that. Mr. Geiler stated that Christine made several attempts to contact him and there ARE tables out there – they were there on Memorial Day and this past weekend, and customers were sitting at them and enjoying them. Mr. Cox stated the tables were out there to be fixed and he was only operating a take out business. Mr. Geiler stated that was untrue. A Motion was duly made by Gene Burman and seconded by Mr. Boy and a unanimous vote taken to approve the renewal of the Harborside License for this season. Business Meeting: After some discussion, it was agreed that a Show Cause Hearing will be scheduled for 7/19 for Cape Cod Inn based on a report from the Barnstable Police Department. Gene Burman stated that the meeting we attended July 17th was fabulous; very informative and thorough. Officer Maher stated he had received a complaint and went to Ferreira’s; there was debris outside on the premises on the ground – he told Officer Maher that there were no containers outside and he thought what he was doing was o.k. Mr. Geiler stated it is a critical water supply area – it was not the intent of the Board to grant a license which could negatively affect the water supply. Everything was to be confined to the building – not left outside. If it is his position he does not have to comply, he should be brought in, as he is in violation of the terms of his license as items are

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being left outside. The only way we can take an action is to bring him in. Asked the Board to authorize us to send a letter to clean up by “X” date or schedule show cause hearing for 7/19 – Mr. Hoxie asked for photos to be taken soon. Mr. Geiler stated we have an issue on the Junk Dealer licenses. There is an application for an antique show at a Town facility; in looking at it he thinks that the regulations would make it impossible for them to comply. There are also traditional antique shows each year. They are attempting to get BPD, Legal and our department together on how to handle these shows. Mr. Geiler stated it is not their intent to buy but if someone comes in to sell there isn’t a dealer around who would refuse to buy if it was a moneymaking proposition for them. Officer Maher has looked at it and indicated the rules and regulations do apply to these shows and thinks they should not be granted one day licenses. That meeting is to be scheduled by Mr. Geiler. He asked Lt. Jason to get back to us with a date. Adjourned at 11:15 a.m. Respectfully submitted, ______________________________ _______________________________ Christine P. Ade, Recorder Gene Burman, Vice Chairman Town of Barnstable Licensing Authority Town of Barnstable Licensing Authority

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Licensing Authority 2008

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