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[Robert Delafano]: The public meeting of the City of Medford Liberal License Commission for November 26th will come to order. We do have an agenda to follow. Darian, we don't have any minutes from the last briefing. Okay. I just wanted to make sure. I know you've been super busy all week with renewals and everything else. Okay, so we'll get right into it. 1st item on the agenda is tough college for 1 day license to 1 day licenses. Actually. You have anybody from task college?
[SPEAKER_00]: Yes, I'm here from tough scholars. This is tomorrow. Kenny. So, the 1st event we have starts at 6 o'clock. It is at 51 Winthrop Street, which is called Breed Hall. It's for the Africana night, where we have a lot of members of the university gathering to celebrate. And they do have two bars set up. We'll have Tufts police there. There is one entrance only, and they will be checking IDs and wristbanding at that table. And what else can I tell you?
[Robert Delafano]: That's the one at Breed Hall? Correct. Correct.
[SPEAKER_10]: All right. And is that the thing you've been on?
[MCM00001210_SPEAKER_04]: There's two of them. That's the other one.
[SPEAKER_00]: This is the first one. This is Africana Night. We have done both of these events over multiple years.
[Robert Delafano]: I see, the Fletcher School, okay. Yeah. Okay. I remember the other one from last year, but that's fine. Darren, do we have insurance on file with Tufts, correct? Yes. Okay. And we have a sketch here. Let's take a look.
[Allan Martorana]: Yeah. How's the new building working out? How are you? Cummins Building.
[SPEAKER_00]: Oh, it's great.
[Allan Martorana]: Isn't it? Yeah. What a beautiful venue.
[SPEAKER_00]: Yes.
[Robert Delafano]: I mean, everything looks in order to me, Ben, Alan. Yeah. I went through it last night, so I'm fine with it. They both look good. Yeah, they actually both look good. Yeah, I kind of had noticed the same thing. I didn't have to make any notes after I reviewed it all last night. So I think we're good as well, as long as you gentlemen would like to make a motion.
[Unidentified]: Yeah, sure.
[Allan Martorana]: Yeah, I'll do both of them. I motion to approve the one-day license for Tufts, this one to be held at December 1st, Thursday. uh, from 6 to 9 p.m. December. I'm sorry, December 5th, uh, from 6 to 9 p.m. And then let me make someone out. This is the senior bingo. Um, I motion to approve the one day license for Tufts. Uh, this is also Thursday, December 5th. Um, and this is for the senior bingo nine. Okay.
[SPEAKER_10]: I'll second that motion. All right. All those in favor? Aye. Aye. Aye. All those opposed? Hearing and seeing none, the ayes have it. You're all set.
[SPEAKER_00]: Great. Thank you for your time. Appreciate it.
[Robert Delafano]: All right. Have fun. Good luck with your events. Thank you. Why don't you guys move over to the other side of the table so you don't have to keep turning around for the camera. You'll be right facing it, you know? All right. That'd be easier, please. I'm all set up.
[Allan Martorana]: I'll be here in about an hour. I'm all plugged in. mention. Yeah. All right, cool.
[Robert Delafano]: Yeah, just so you can notice it was around. Thank you. Okay. Um, next on the agenda, we have, uh, we have a representative for an American vehicle.
[Zac Bears]: Right. I am here, how are you guys?
[Robert Delafano]: Good, Brian, how are you? Good to see you, Brian.
[Zac Bears]: Good, good. We are getting our full CO, I believe today or tomorrow. I got the email from Scott last night, so just an update there.
[SPEAKER_10]: Nice, okay. Tell us a little about the event, if you would, Brian.
[Zac Bears]: Yeah, so it's the event at City Hall. We got asked to be the salesman of beer and wine. We're gonna set up two portable bars, just beer and wine. We're gonna have a nice, really, offering of IPAs and local craft beer. It's for the mayor and, let's see right here, I'm sorry, it's the winter extravaganza from 4.30 to 6.30 on December 4th.
[Robert Delafano]: Okay. I'm sorry, Alan, did you?
[Allan Martorana]: Well, Brian, did you say beer and wine or all alcohol?
[Zac Bears]: We were planning on doing just beer and wine, but I was gonna ask you guys if you prefer we do everything or stick to the beer and wine.
[Allan Martorana]: I was just looking, Mr. Chairman, I was looking at the applications, checked off all alcohol.
[Robert Delafano]: Yeah, I noticed that. That's not possible, Brian, unless you're a non-profit. Only non-profits can do all alcohol.
[Zac Bears]: No, no, that's fine. Beer and wine is what we're buying.
[Robert Delafano]: Yeah, just so you know. Outside your venue, you can't. Yeah. And it was that, and what else did I have? I didn't see any insurance. Insurance liability. Liquor liability. Hey, Brian. For your company, you need to get a one-day spot that day. You know where it's off your premise. Yep. All right. If you can get that out to Gary ASAP, hopefully sometime today or tomorrow, I'm sure you should be able to email it.
[Allan Martorana]: Brian, would you be OK with Gary just making the correction on the application? Absolutely. Yes. OK.
[Robert Delafano]: Yeah, that'd be great. And also, I don't know if you're aware of it, but we have an online application and it'll be a lot more legible for us when we have to review it. And the other thing I just wanted to remind you of, I forgot to remind Tufts of as well, just keep in mind, you know, a week or two out, a few days ahead of time, and she's got to make an agenda, and sometimes it involves a weekend. So just give us a little leeway. I know this was kind of a, I know the situation here, but that's not a problem. Just in the future, you know? It'd be great.
[Zac Bears]: Nope, absolutely. I hear you.
[Robert Delafano]: Okay.
[MCM00001210_SPEAKER_04]: All righty. Ben, Helen? The diagram's there. So I mean, the setup looks good to me. Aside from the insurance, I'm good and I can make a motion to approve this. Okay. So I'm going to make a motion to approve the one-day license for the winter extravaganza as put forth by Brian with Grady-Hackendale. That is on December 4th, 2024 from 4.30 to 6.30 PM. We're going to make one adjustment to wine and malt. and subject to them giving us their insurance for the one day.
[Robert Delafano]: Yeah, I second that motion. Okay, all those in favor? Aye. All those opposed? Hearing and seeing none, the ayes have it. Motion passed. You're all set, Brian.
[Zac Bears]: Thank you. Thank you.
[Robert Delafano]: All right, thank you. Good luck with that. All right, thank you. Okay, let's see. representative from arts collaborative is someone here from arts collaborative applying for two one day licenses yes um hi i'm susan altman i don't see my picture so i don't know if you see me or not but as long as you can see you
[SPEAKER_10]: We can see you. Yeah, yeah, we can see you, Susan.
[nMlCJNUIswQ_SPEAKER_18]: OK, great. Not that it's any great shakes, if you can. What are you talking about? I am here for the executive director, Regina Parkinson, who had to be called away. But I have the applications. I know what's going on. OK, great.
[Robert Delafano]: Tell us a little bit about the events. There's two events, correct?
[nMlCJNUIswQ_SPEAKER_18]: Sure, yeah, there's two of them. One on December 12th. 7 to 11 PM, and it's going to be a concert. Open to the public, and we're expecting around 80 people, but it could be slightly less, slightly more. OK. And the application says all alcohol, but as far as I know, we only expect to be serving beer and wine. OK.
[Robert Delafano]: You know that you are allowed to serve all alcohol where you are a non-profit, just for future reference. Right.
[nMlCJNUIswQ_SPEAKER_18]: Yeah, we do. I guess that's why she checked that box. Yeah, that's fine. We never know.
[Robert Delafano]: Yeah, absolutely. Okay. Alrighty, and that was on the 12th for that one. That is on the 12th, yep. Okay, I noticed that there were two second pages on this election. I didn't know if the second one was a mistake, possibly should have been a sketch or an insurance certificate that may have been left out. I see the sketch on the second one. Yeah, it's the same sketch. It's the same sketch.
[nMlCJNUIswQ_SPEAKER_18]: Yeah, we assume that.
[Robert Delafano]: Okay, what about the insurance coverage for that day, for the two days? We need a quarter million dollar insurance from your insurance company for those two days.
[nMlCJNUIswQ_SPEAKER_18]: Right. Again, they are on file. I believe Daria has them, but I can send them along again if you want them.
[Robert Delafano]: Okay. Okay, Daria will reach out to you if they're not on file, and if you can get them over to us, that'd be great. Just send it. Yeah, just send it? Yeah, it's just easier for me. Yeah, just send it. Okay. Just send it. Yeah, Gary is in the middle of all those renewals and stuff now. It's kind of hectic over here.
[nMlCJNUIswQ_SPEAKER_18]: Okay, no problem at all.
[Robert Delafano]: Awesome.
[nMlCJNUIswQ_SPEAKER_18]: And so, is there any other questions about the first event, or should I tell you about the second one?
[SPEAKER_10]: Yes. Yeah, we're fine with the first. Go right ahead.
[nMlCJNUIswQ_SPEAKER_18]: What time is it?
[SPEAKER_10]: No, you can go ahead and tell us about the second event. Okay.
[nMlCJNUIswQ_SPEAKER_18]: So the second event is probably going to be much smaller. And we're actually, I have a question for you, because we might want to shift the day of this, because there's a conflict with a board meeting the same night. And I know some of the board members would like to go to the event. But it's currently scheduled for the 19th from 7 to 9 p.m. And we're estimating maybe 25 people, but this close to Christmas, it could be less because people have so many other things to do. And again, it's open and we will be serving beer and wine. And it's an odd combination of watching a movie. And I think the movie is When Harry Met Sally, if any of you want to come. And doing crochet. So I don't know how this will work. It's a first for us. But it sounds like it should be fun at any rate.
[Allan Martorana]: I'm sorry. Did you say the 19? Yeah. The application, this one says 12-12 also? This is the smaller one. No.
[Robert Delafano]: Yes. OK. Yeah. I'm sorry. On the file name, they both said twelve twelve. OK.
[Unidentified]: Oh, OK.
[Robert Delafano]: Oh, but the dates on the applications are correct. We're in Europe, but the. Yeah, I gotcha. Myself, I don't have a problem with you changing the date, if need be, last minute. We're granting the license. You just have to get back to Daria with an email that you did, in fact, change the date. And let her know what it is. That's not a problem. We know what the setup is. We know where it's going to be. We know all the particulars. We don't have a problem granting the license. So that should be fine.
[nMlCJNUIswQ_SPEAKER_18]: OK, great. Thank you.
[MCM00001210_SPEAKER_04]: Yeah. So I'm okay with the two of them.
[Allan Martorana]: Yeah, yeah, no, it's pretty straightforward. I'll get into questions now. All right, so I'll motion to approve the one day license for 12-12-24 and 12-19-24. Great. I'll second. All those in favor? Aye. And just that they need to get insurance to us.
[MCM00001210_SPEAKER_04]: Yes. Just send it to us, Josh. Just resend it. Yeah.
[Robert Delafano]: All those opposed? Okay, hearing and seeing none, the ayes have it. You're all set for both days.
[nMlCJNUIswQ_SPEAKER_18]: Okay, thanks so much. Take care.
[SPEAKER_10]: Bye-bye.
[nMlCJNUIswQ_SPEAKER_18]: Bye.
[SPEAKER_10]: Okay, moving on. That's what we're doing next. We have a representative from Yoki here, please.
[SPEAKER_01]: Yes, Sylvia Guzman and the two prospective owners, Mr. Gu and Shelly.
[Robert Delafano]: I actually didn't have any notes on this. I went through it the past couple of days and everything seems to be in order as far as I can see. The only thing I had a little issue with until I looked at it a little closer is on page nine. It's all in a different language and it's from the Department of Unemployment Assistance. uh the only thing that's in english is says important notice this document contains important information please have it translated immediately i'm assuming it's with the other dua um form that's right above it is that the case or is it something important that we should know about no that's part of the certificate of compliance that was provided to us and i think that's the um
[SPEAKER_01]: The the form that issued with the state. For the state.
[Robert Delafano]: I was assuming that, but I just wanted to double check. I mean, you did a great job. So we are within the, as far as I can say, and all of the paperwork, unless my fellow commissioners has any. Any questions with it? Everything looks like it's in order. Yeah.
[Allan Martorana]: And the right people sign the right documents. That's always important. Yeah.
[MCM00001210_SPEAKER_04]: Are you referring to the entertainment department?
[Robert Delafano]: Yeah. Yeah. Right. Yeah. Yeah. Yeah. That'll be a separate issue. That'll be separate. Yeah. The entertainment license will be separate on that.
[Unidentified]: That's separate. Right. OK. OK.
[Robert Delafano]: Yeah. Yeah, I don't have any. It looks like it's all ready to go. Unless you see anything, Gary. No, no. All right. Why don't we make a motion? Yeah.
[Allan Martorana]: Ben, you want to do it or I'll do it? You can do it. OK. I motion to move forward with the transfer of license for Yoki X, Incorporated at 62 Station Landing method.
[MCM00001210_SPEAKER_04]: And then I'll second the motion for the transfer.
[Robert Delafano]: Okay, all those in favor? Aye. All those opposed? Hearing and seeing none, the ayes have it, motion is passed. Now we'll move on to their entertainment license. Let's see, entertainment license from what I saw, Gary, I believe it's just, Right.
[SPEAKER_01]: Okay. It's carried for dancers by patrons and live entertainment, but they don't use it and we don't anticipate meeting that. So.
[Unidentified]: Yeah, okay, okay.
[Robert Delafano]: Yeah, we were that as a rule, usually all three, but if you don't plan on using it, that's fine. And that's the only one that was also signed off by police firing buildings. So we're good with that. It's currently what they have there now, the televisions and in that.
[SPEAKER_01]: Yes, we're not adding anything. No.
[Allan Martorana]: Okay. Okay, great. You gentlemen okay with that? Yeah. Yeah. Yeah. I know. I see the description that entertainment by devices. So, okay.
[Robert Delafano]: Nope. Never been signed. Okay. If one would like to make a motion.
[MCM00001210_SPEAKER_04]: Yeah, I can handle this. All right. So we'll make a motion to approve the application for the entertainment license or Yoki X incorporated for the Yeah, entertaining by devices as signed off by all heads of departments here. Thank you, Ben.
[nMlCJNUIswQ_SPEAKER_18]: I second that motion.
[MCM00001210_SPEAKER_04]: Yeah, I see everybody signature.
[Allan Martorana]: Yeah, pretty cheap. Yep. Okay. All those in favor. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.
[Allan Martorana]: Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.
[Robert Delafano]: Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.
[Robert Delafano]: Oh, thank you. Thank you. Have a great holiday. You too.
[SPEAKER_01]: Bye bye. Thank you. Thank you. Yeah.
[Robert Delafano]: All righty. Good luck with your new business.
[SPEAKER_01]: Thank you.
[Robert Delafano]: Okay, moving on. I think the only thing that is left is the hearing, correct? Okay.
[Unidentified]: Let's close this up.
[Robert Delafano]: The folks outside, are they for the hearing, correct? Yeah. Okay. Call them in.
[Unidentified]: Let them know we're ready for them. Okay. Good afternoon, everyone.
[Robert Delafano]: Today, November 26th at 1226 PM, the Method Liquor Commission will hold the hearing pursuant to Mass General Law 138, section 23, to discuss the alcoholic beverage license number 90607-PK-0680, Method Wine and Spirits located at 45 Salem Street, Method, Mass. 12. Okay. Before I review the procedural matters, I'd like to introduce the members of the City of Medford License Commission. My name is Robert Delifano. I'm the Commissioner Chair. And one of my fellow commissioners is Alan Matarana. My other fellow commissioner is Ben O'Sullivan, and our licensed commission secretary is Darian Tierra. The procedural matters that we have, what we're gonna follow here today is I'm going to begin by calling the first alleged violation on the Metro Police report. And I will then ask who is present on behalf of the Metro Police Department on behalf of the licensee, and whether there are any other individuals with firsthand knowledge of the alleged to testify, and I will then swear in all parties. I will use the same format for the second and third alleged violations. Next, the first of three alleged violations in the police report will be read into the record by Medford Police, who may also present any evidence pertaining to the alleged violation. Following the Medford Police, the licensee or their representative will have the opportunity to make a brief statement. followed by another individual, followed by other individuals with firsthand knowledge of the alleged to testify. The commissioners and chairs and chair will also have the opportunity to ask questions at that time. We're going to then move on to the second violation following the same format. as the first violation. And finally, the third alleged violation following the same format as the first and second violations. All this testimony will be limited to only those individuals with firsthand personal knowledge of the alleged incident. The three separate incidents are all for the sale of alcoholic beverages to persons under 21 years of age. a violation of Massachusetts general law chapter 138, section 34. After the three alleged violations have been heard, we will take a short recess for the commissioners to deliberate. The commission will return to room 207 without finding.
[Unidentified]: And let's see. I don't have one of my papers here.
[Robert Delafano]: All righty. The first thing I'm going to do is call for the Metro Police to read the first alleged violation. Officer Smith, Lieutenant Lockowitz, Either one of you gentlemen, do you have the report with you? I have the report with me. Okay. Wherever you like, Officer Smith. You can sit over there next to Ben so you can be in front of the camera. Just the first violation, Officer Smith, until, yeah, just the first violation.
[Patrick Smith]: Sure. So the conditions that we have in the first violation involves a juvenile. Yes, so I will not be using the juveniles name or address or any identifying information. OK, state of our department policy. OK, you referred to as the juvenile as the juvenile. OK, officer, this is June 24th. The first one on your report. No, no, no, I. I did from November 1st, November 1st.
[Robert Delafano]: OK, when we get from this office.
[Patrick Smith]: OK. Do you want me to continue from November 1st? Yes, please. So, obviously, my name is Patrick Smith. I'm a police officer in the City of Manhattan. I've been a police officer for 12 years, and I've been an agent for a method like a licensing commission for approximately a year. On November 1st, I received an email from Sergeant Christoph Camino from the Metropolitan Police Department. That evening, he was the Eastside Sergeant. He was in a mocked vehicle. He was wearing a uniform and patrolling the city. The following email, I've redacted the juvenile's information. There is specific information to the juvenile in the email, but for the purposes of this hearing, I'm going to redact it. It states, Officer Smith, while on patrol, I noticed the vehicle. We then provided a Massachusetts registration plate. Pots idling on River Street next to Method Wine and Spirits. The two occupants appear to be approximately 16 to 18 years old. The car comes back to an adult male out of, that provides the address. He ran the address and was able to locate the juvenile. By the time I circled the block, the car was gone. I showed the clerk the picture of the juvenile from CJIS, and he verified the juvenile did buy alcohol in the store. The court claimed the juvenile had a valid ID. I'm not sure if you can use this to look into the business further. It seems to be common knowledge among underage persons that they can purchase alcohol from the store. Very respectfully, Sergeant Christopher Cacavino, Medford Police Department. So that was the email that I received from Sergeant Cacavino on November 4th.
[Robert Delafano]: And you continue on to on November 5th?
[Patrick Smith]: Correct. So on November 5th, 2024, I traveled to the juvenile's residence and spoke with the juvenile and the juvenile's mother. Juvenile's mother's information is on file with the Medford Police Department. The juvenile was positively identified as 17 years old. I explained to the juvenile and the juvenile's mother the reason for my presence. The juvenile admitted to purchasing a bottle of Dawn Julio tequila from Medford Wine and Spirits located at 35 Sales Street Method On Friday, November 1st, 2024, according to the juvenile, they presented the, according to the state of New Hampshire's driver's license, which identified the juvenile as 22 years of age. After presenting the state of New Hampshire driver's license, the juvenile was able to purchase the liquor. The juvenile then handed me a New Hampshire driver's license that he or she used to purchase the liquor. New Hampshire driver's license was clearly a fraudulent, The license cod stock was abnormally thick, the ID's lamination was peeling, and the overall color of the license was off. The query of the license number resulted in no record in the New Hampshire R&D. I explained to the juvenile, the juvenile's mother that the fraudulent driver's license would be seized. The juvenile stated that the fake New Hampshire driver's license was purchased over the internet. We then had a conversation about the seriousness of underage alcohol consumption and the possible ramifications of purchasing and possessing liquor by persons under the age of 21. The juvenile was remorseful for their actions, and I believe the interaction was positive. No criminal charges were filed against the juvenile. Now, I'd like to kind of skip ahead. It is in relation to the first offense, but everything's kind of in order. I was able to view video footage of the incident. In relation to the incident that took place on November 1st, the juvenile did purchase liquor inside of Metro Wine and Spirits. The juvenile purchased a 12-pack of Poor's Light beer, a 6-pack of Tooties by Southwest, and a small bottle of liquor. The juvenile did not present an ID during that purchase on November 1st. The juvenile actually purchased a bottle of Don Julio the following day, on November 2nd, in which he presented the fake New Hampshire's driver's license. So, the juvenile was confused as dates, I believe. So, and I'd also like to submit the commission would like you're going to have to drive a license. Yes, we looked at it. We'd like to just ask that juveniles name on this is the juveniles name and we don't repeat that a lot. That is correct. Okay.
[Unidentified]: I've already showed you that.
[MCM00001210_SPEAKER_04]: Last question. So did he provide that the second time he purchased the order, the time he made a notice?
[Patrick Smith]: From the videos that I saw, the first purchase, which was the November 1st one, the Passage and Observe. Yeah. It was no IP presented during that purchase. Yeah. The following day, the Ball of Dawn Booyah was purchased and this IP was presented. So that was the November 2nd. This was the November 2nd.
[Allan Martorana]: That was presented. Okay.
[Unidentified]: Okay, Officer Smith, you were
[Robert Delafano]: If you'd like to continue to read where you left off.
[Patrick Smith]: In between the two allegations of how we got to a break or just go right to two?
[Robert Delafano]: No, we're not going to go right to two yet. I'm going to have you read that separate. That's where it starts on page two. It's one, two, third paragraph where it says on Friday, November 8th. We're not going to read that right now. Let's read everything up to that. And that'll finish violation one, alleged violation one, I'm sorry. And if anything else also in the summary that you feel is relevant to alleged violation one, it'd be great.
[Patrick Smith]: So after leaving the juvenile residence, I contacted the Metro Police State Resource Officer, Robert Pascantelli. According to Officer Pascantelli, Method One experience is well known among high school students as a liquor store that sells underage persons. Officer Pascantelli is aware of this information from direct conversations with students of Method High School. I advised Officer Pascantelli of my interaction with the juvenile. I then contacted Lieutenant Walkowicz and advised him of my investigation into Sergeant Camino's email. Lieutenant Walkowicz spoke with Captain Camino an authorization was granted to investigate the purchasing of liquor by persons under the age of 21. Okay, great. That's essentially the summary for our bylaw.
[Robert Delafano]: Okay, before we go in to this any further, I'd like to swear everybody in that's going to be testifying or speaking today. Whoever's going to be testifying or speaking, please raise your right hand. I swear to tell the truth, the whole truth, nothing but the truth. Very good. Sorry about that. I was shuffling one of your papers around. Okay. At this point in time, we're going to give the licensee, Mr. Patel, an opportunity to speak. Either you can speak, the clerk can speak. If you have a representative, you're welcome to speak at this time.
[SPEAKER_07]: I'm going to explain the situation because he doesn't speak clear English. He does speak English, but I'm the owner of Metro Alliance. This is my brother, Kiran Patel.
[Unidentified]: Okay.
[SPEAKER_07]: So in our system, we cannot check the same ID information within the 24 hour period. So we check the individual impression, the ID on October 31st, the day prior, And so on November 1st, he wouldn't allow us to enter the same ID information, but then the second day, November 2nd, when he came back, we also asked for his ID and entered the information. And so at first, like prior to this incident, we had a register in built ID tech system, which is not sometimes accurate. And for reference, I have a screenshot of the system. So in one system, we would say the ID is okay, but we got a newer system now. that runs through the DMV that says the ID is false. But with that being said, there is no one system that works perfectly. It's not like one system consistently catches the fake ID over the other. Sometimes one system will catch, the other system will fail, and sometimes one system will catch, the other system will fail. And the reason being sometimes these fake IDs are so, created perfectly, the barcode or the information sometimes will go through the DMV, but there is no system in the market that will give us like, let's say you have a driver license on your DMV, what your profile picture is, like that's not going to give to us. So if we were to create a fake license creating your information with my picture. It will still pass through the system, but it will make it harder to get the driver's license. So that's the reference between the two systems. One will say, OK. Other is going to say, not related to the DMV.
[Robert Delafano]: OK. Now, sir, you mentioned that you are the owner. Are you? My name is Vatsal Patel. I'm sorry, your first name? Vatsal. A-T-S-A-L.
[SPEAKER_07]: That's all.
[Robert Delafano]: Okay. And this gentleman is?
[SPEAKER_07]: He's my brother. He helps run the store and he's the first-hand witness to the events. Okay.
[Robert Delafano]: And how do you spell your name, sir? K-I-R-A-N. K-I-R-A-N. OK. So neither one of you gentlemen are the clerk that was in the store that day? Rakesh. Rakesh. OK.
[Allan Martorana]: And you mentioned the scan. I know you're upgrading to the ID buys a smart V2 ID scanner. What do you have in there now? OK.
[SPEAKER_02]: At the same night, when officer Smith called me, at the same night, we ordered a new system to verify more accuracy.
[SPEAKER_07]: But now we're more confused than ever, because now one will say it passed, the other system doesn't pass. And like I said, it's not like one system got it.
[SPEAKER_02]: And I want to mention one more thing. With the junior board, what officer Smith said about the board don't fool you, he said, I believe, on November 1st. He was born on November 2nd, and that time he showed the ID, the New Hampshire ID. The video officers didn't show on November 1st, he didn't present the ID. But October 31st, he came and we verified that time, his date of birth, all the information. They telling me like fluent, without any hesitation, they verified those information. That's why we was believing like those IDs like real. You know, that was November 1st. Yeah, October 31st also he presents the same thing.
[Robert Delafano]: What I don't understand is, um, you, when you were explaining about the machine, the ID machine, you said that you started out with, um, the 31st of October. But this incident was the first, so you're trying to, the way I understand it is you're trying to tell me if you put an ID in this machine, it doesn't instantly tell you that this is fraudulent or not? So it does, right?
[SPEAKER_07]: If it passes, right? Or even if it doesn't pass, it's like once we enter the ID information into the system, we cannot enter the same ID information for 24 hours. And the reason being, they charge us $1.50, to verify the ID information. So they have a built-in protection that we don't like. So if we scan one SAM ID five times, they don't charge us five times. It's only scanned one time. So that's the reason, yeah, it's a 0.4 hours window period that we can enter their ID information.
[Robert Delafano]: Okay. So why didn't it work on November 1st when you scanned it? I was the alleged juvenile in there the day before they could have purchased something, and maybe you wouldn't have seen it the following day.
[SPEAKER_07]: I'm just trying to figure out why it's, you know, why this... So prior to November 1st, we only had one system in place. Now we have two systems.
[SPEAKER_02]: We purchased the same night when we talked with Officer Smith. The same night we purchased the new system. So the newest system can you scan it as often as you like, say the same person comes in
[Robert Delafano]: two times, three times a day, and a different clerk is working, obviously. Yes. They don't know that the person was in earlier and showed a positive ID. Yes.
[SPEAKER_07]: Yes.
[Robert Delafano]: So this new system can do that. Yes. Yes. OK. And you got that on the first. You got that new system on November 1st.
[SPEAKER_02]: Yeah. I was already all day in the store. Once the system arrived, then we set it up the same day. On November 10th, with the new system and old system, we got four more fake IDs that I reported to the officer Smith at the same night with the email. And there was some, because once you take the ID and see size, the people, they're getting mad, you know, like the customer, they want those IDs back. So one of the customers, we have a little hard argument. So that time I called 911 from the Lawrence. to get some assistance over here, but nobody show up after that. Then I talk already officers meet. Because sometimes the violence can create because those customer, once you take those ID, they're getting mad, you know, they need that ID because they don't want to share the information also.
[Allan Martorana]: So help me understand. So on November 1st, no license was asked for, but on November 2nd, a license was asked for at the purchase
[SPEAKER_02]: Yes, and that's October 31st as well also.
[MCM00001210_SPEAKER_04]: Can I just, your education is you guys are bringing to light that on October 31st the same kid came in in Bottlicker gave that fake ID. Yes. And then you checked it that time it passed.
[SPEAKER_00]: Yes.
[MCM00001210_SPEAKER_04]: Then they come in the next day because it's within 24 hours. You did not check it on the next day. And that's when he bought done. Well, he bought beer that day. Then he comes in the next day. He's on a roll, comes back in and then presents it on the next day. And then you got on the, on the second and then he presents it to them. So that, that, that idea that when we passed around, But it passed that ID? Well, the first time you scanned it.
[SPEAKER_02]: So we ordered it on the 1st of November, but we didn't get it like a few days after that.
[SPEAKER_07]: But on the 31st when you first gave it to you, it passed the system? But it was on the old system.
[MCM00001210_SPEAKER_04]: And then when you spoke to him, he admitted to one time that we probably was going three days in a row. And so he got confused. Okay.
[Robert Delafano]: Now, what day was that new system actually up and running?
[Unidentified]: This one, not really.
[SPEAKER_02]: November 10. November 10. On the morning, yeah. The system will start working. What system?
[Allan Martorana]: And what's your policy on carding people? I mean, I go places, and I think I can say that person's not of age. That person's not of age. What's your store policy if you All right, everybody up to 33 years old.
[SPEAKER_07]: What is your policy? Oh, everybody, everybody. And if you have a doubt, you card everybody. Okay.
[SPEAKER_02]: Even when we have inspection, like I submitted the Mystic Way inspection, they came, that person was like almost 35, and we still ask the ID and they give your certificate for the asking ID. I submitted to the Daria. Remember Daria? Yeah. The tips? Yeah.
[Robert Delafano]: Is there anything else you'd like to say on behalf of this first violation that we're speaking about?
[Unidentified]: Was this that you were showing me?
[MCM00001210_SPEAKER_04]: Was this an example of a fake ID?
[SPEAKER_07]: It is a fake ID, yeah. And it's a reference to that your pass is in one system but fails in the other system. And we are constantly getting more and more ideas.
[Robert Delafano]: Now this DMV check, is that for all DMVs or just Massachusetts?
[SPEAKER_07]: No, 40 plus allows us to run through their DMV.
[Unidentified]: May I ask one question? Yes.
[Patrick Smith]: So when we met on November 9th, you told me you and Rakesh downloaded an app to your iPad, and that was the app that you were going to use to check IDs until the new system. The new system is a very late system from what I've heard. But you told me that between our phone call on November 8th and when we met on November 9th, you and Rakesh both downloaded an app to your phone. use until the new system arrived. So what system did you use on October 31st?
[SPEAKER_07]: It's a built-in register. So I guess that's three systems. So the former one was temporary. Now we just have two. One is built-in register and one is the newer one. The phone app was just a temporary solution. But that wasn't reliable either. That still passes the IDs sometimes.
[Patrick Smith]: So there was a system in place on October 31st. You had all these people coming in. It just wasn't sophisticated enough. OK. Because all of these, from this picture, I see that picture, that's all from the new system. That's all brand new. Yes. I have the HD one. I have the HD smartphone.
[SPEAKER_02]: just a general question to that. So how many other liquor stores? So do you have that same system? You own other liquor stores, right? Yes. It's a bit of advice.
[MCM00001210_SPEAKER_04]: Yeah, one other one. Yeah. Yeah.
[SPEAKER_07]: Okay, not to get into No, we ordered the new system because we in our experience this system is better than other but like I said, it's not 100% guaranteed. Yes, sometime our QoS system will catch a fake ID and it'll pass through this system because it's how they process Because this goes to the VM view. So like I said, if I create a fake ID with the barcode, right? With genuine barcode, with another identifier. Let's say we are talking about us two, right? So if I create a fake ID that has my picture for all of your information, including the barcode, that will pass to the new system. Because there is no system anywhere on the market that gives us what the picture is on the DMV profile, right? So then we can compare.
[Robert Delafano]: Yeah. Is there facial recognition software?
[SPEAKER_07]: No, there isn't. So that's the dilemma. OK.
[MCM00001210_SPEAKER_04]: So that's just explaining what the loophole is. Correct. OK. OK.
[SPEAKER_07]: But we believe it to be better because it goes through the DMV. So sometimes, yeah. It depends how they create the fake IDs. OK, yeah.
[Robert Delafano]: OK, are there any other questions from anyone pertaining to alleged violation one?
[Patrick Smith]: OK, just for reference, that idea that was passed around that that's also true about a month, which is right. I spoke at the photo, right? Yes. OK.
[Robert Delafano]: Yeah, right. And they know, you said you already spoken to their parents, they didn't purchase these gentlemen were That's very good.
[Patrick Smith]: The following weekend, I did receive a phone call from Mr. Bedell that they had seized some licenses. And I went in and took possession of them. And then I also want to speak to that one time where he said he contacted the Metro Police and we didn't show up. I spoke to that officer. When he responded, there were no juveniles inside the store, so we continued on. He did not go into the business and speak to Mr. Kesh Patel. He did respond, looked inside, there were no juveniles inside causing any kind of disturbance, and they continued on to the judges.
[Robert Delafano]: All righty. Well, at this point, why don't we move on to the we've taken our notes and we're going to move on to the second alleged violation. Officer Smith, if you care to read it from on the second violation, beginning it on Friday, November 8th, twenty twenty four in her report. Sure.
[Patrick Smith]: On Friday, November 8th, twenty twenty four, I traveled to multiple licensed liquor establishments within the city of Medford and observed how business was being conducted. I wore a full Method police uniform, wearing the same thing that I wore that night, and I was in an unmarked Method police vehicle. This started about 7.30 p.m. I got to the station about 7.30, got in the car, and then just started going up and driving around. At eight o'clock, I parked on the corner of Salem Street, River Street, and I'm serving Method blind and spirits, located at 45 Salem Street, at approximately 8.10 p.m. I observed a tan in color Toyota Camry turn from Salem Street onto River Street. The vehicle appeared to be occupied by five teenagers. Camry parked in the parking lot behind them and wanted spirits. A male exited the driver's seat. Based on the male's physical characteristics, he appeared to be under the age of 18. The male proceeded to enter and measure wine and spirits. Moments later, the male exited the store carrying two 12-packs and a nickel of ultra-alcoholic beer. I approached the male and asked him how old he was. He responded by stating at 19. When asked how he was able to purchase the beer, the male explained he showed the clerk a picture ID on his phone. male was subsequently positively identified. Do you want me to dig up his information or do I just say it? Yeah, that's fine. You can dig that up. Okay, so the male was positively identified as Michael Bailey. Date of birth is December 24th, 2005. He is, in fact, 19 years old. After conversing with Mr. Bailey, he presented me with a fraudulent Massachusetts driver's license that identified himself as 23 years of age. Mr. Bailey explained he used the fraudulent Massachusetts driver's license to purchase the beer. The Massachusetts driver's license fraudulence, a photograph of the license was blurry and a hologram of the center was missing, where the license number resulted in no record in the Massachusetts R&D. I then spoke with the passengers of Mr. Daley's vehicle and identified them as all, they were all high school students, all five years old. Mr. Daley was advised about the seriousness of underage alcohol consumption and the possible ramifications for purchasing slash possessing liquor by persons under the age of 21. Mr. Bailey was remorseful for his actions, and I believe our interaction was positive. The two 12-packs and nickel of ultra and the fake driver's license were seized. No criminal charges were filed against Mr. Bailey. So I'd like also to submit Mr. Bailey's fake ID that he used that evening.
[Allan Martorana]: I was curious about this license, because when I read the report, it said it was blurry, and all of a sudden it was missing.
[Unidentified]: And this went through the machine? It was in the machine room, yes.
[Allan Martorana]: Mr. Smith, did this individual say when he was calling or not? Did that come out in conversation?
[Patrick Smith]: He initially told me that he used a photo of his ID on his phone. And then he started scrolling through his phone. And I said, you know, did you use an ID or not? And then he came up with the ID on his phone. And he said he wanted a cop. Yes. OK.
[MCM00001210_SPEAKER_04]: That's the only time.
[Allan Martorana]: Do you allow, if someone has a picture of their ID on their iPhone, would you allow that?
[SPEAKER_07]: You know, physical ID. And another thing, we follow strict procedure, where like if, let's say five of them were to come into the store, we would ID all five. Yes. That's why they swiped up and they only send one person in. So it's like we're trying best on our side to do it, but like if you are to come further down the road, we don't know how many hours in the, We do the best we can to see, but we can only go so far. Okay. I'll show some of them. Hologram is the one we can catch it by.
[Unidentified]: I'm sure. I haven't done the alpha pilot with this one. Just holding on. Yeah, it's a start.
[SPEAKER_02]: Everything's wrong.
[Robert Delafano]: Okay. Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time?
[SPEAKER_02]: Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time?
[SPEAKER_07]: Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this time? Mr. Patel, would you care to comment at this Now, within your system, we will be able to test that license.
[Robert Delafano]: Okay. So the new system wouldn't pick that up as a fight or flight date? Yes. Okay. Very good.
[Allan Martorana]: Gentlemen.
[SPEAKER_07]: I'm sorry, currently individuals, that's always been your policy? Yes. The day you open the doors. So we did have an incident in... Was it an incident? I mean, yeah, but after the first thing, some of the like stricter all the policies.
[Unidentified]: Yeah, Alan, Ben, like you care to comment?
[MCM00001210_SPEAKER_04]: Yeah, well, thanks. I guess, and I'm just trying to remind, does tips cover, like, how to evaluate IDs?
[Robert Delafano]: Yeah, if I could see that again, I was looking for something and I want to see where it's on mine. I didn't see it on that.
[MCM00001210_SPEAKER_04]: Because I did see this hologram family in the center. I mean, honestly, as a layperson, seeing it, I wouldn't obviously know right away, like I'm thinking of somebody handing me it, but I think you do. handle them all. Now looking at my idea clearly, I can see that.
[Robert Delafano]: Now did you gentlemen take the TIP certification? Yes. I'm sure they went over how to check for an ID, whether they're valid or not.
[SPEAKER_07]: Yes. And we do our best. And Rakesh Patel, so he's a little bit older, he wears glasses. So sometimes it's hard for him to see the hologram and whatnot. But like I said, if that, I'd even pass the UV test, but not, like, I don't know.
[Robert Delafano]: Well, the only reason why is shortly after the compliance checks, as Sudeep mentioned, I, Sophie had offered tip certification free of charge for on-premise and off-premise. And I took the tips certification and part of it was saying, you know, telling you just quick tricks if something's valid or not. And I looked on yours, not yours, Mr. Bailey's, and I couldn't remember what one of the tricks were until I just checked mine. And where the hologram is, below the hologram, it should have the person's first initial, first name initial, last name initial, and the year they were born. On mine, it's RD55. I'm old. But this has nothing like that. You can barely see the hologram, and it's not there. The initials and the date of birth Um, so, I mean, that's for me, somebody that never checks IDs, that's, you know, it's kind of like, okay, well, I know that, but for you guys to check them, if you're in doubt at all, just put your phone on and look and say, okay, it's not showing through. This is okay. Pretty, pretty cut and dry, but this is pretty obvious that it's not a real ID. Um, but anyways, that's great. I'm sorry I didn't interrupt, but we just wanted to get that screen away. OK, so anything else you gentlemen would like to say in regards to LH violation too? No. OK. My fellow commissioners, Alan, Ben, anything?
[Allan Martorana]: Any other comments on LH violation? You know what's irking me is an individual comes in, And you look at that individual, and they give you a license. You say, get out of here. You're not trying to work with me.
[SPEAKER_07]: You got to do that. So that's incident number three. We'll cover that. So some people will try to attack us. And in those kind of incidents, we'll call 911. So it's like our clerks are sometimes, they're afraid. to take things too far.
[Allan Martorana]: So are you saying that every challenge to, there's a threat of an attack by, so they would run the risk of never being able to come in your store again by threatening you like that? If I was coming in with a fake license and said, get out of here, and I decided to throw a punch at you, I would never go in your store again, right?
[SPEAKER_07]: No, customer is threatening us. Right. Yeah, for saying like, oh, we're going to take your fake IDs away.
[Robert Delafano]: Well, if it's a fake ID, do they have a legal right to take from a juvenile or somebody with a fake ID? I don't know that law, to be honest with you. I don't know if you have the right to confiscate it at that point. That would be a police matter, I would imagine.
[SPEAKER_09]: Yeah, I'll refer you to the law enforcement. I don't think it would fall on the area of any kind of taking somebody's personal property, a fraudulent document. I guess it would be like seizing any other criminal activity, right? Like, oh, you're not giving me back my illegal item. So, you know, you fall into that quagmire of like, okay, I'll call the police.
[Allan Martorana]: Right. And I thought that was the procedure. If they threw a fit, then you say, well, let's, We'll hang on to it until the police arrive, and at that point, they're out of there. They're bailing because they know it's phony.
[SPEAKER_09]: I don't have an issue with a liquor store confiscating a juvenile's ID. I do sympathize with Mr. Patella where somebody could get a little loud and mouthy and want their ID back. That confrontation, I wouldn't want that to escalate where there is a physical altercation over
[Robert Delafano]: or a fake ID. So now does this new machine actually take a photo of the ID that was given to you that you put into it? It scans the front and the back, right?
[SPEAKER_07]: Yes, so it keeps the data, like if the metro city and the police officer wants, so like it shows like Okay, so it would be pretty easy if
[Robert Delafano]: You know, if you decided to give the ID back to the person, if there's going to be an issue or violence, you hand it back, obviously, because you don't want to get into that. You've got video. You've got that information now. And then when you call the police, you can pass that on to them. I think that would be the safest way to handle it. Yeah. I mean, that sounds acceptable. OK. Allen, any other? No. OK. All right. At this point, we've taken our notes on alleged violation two. We're going to move on to the third alleged violation. Officer Smith, if you'd like to start reading that on the last paragraph of page two, I believe, at approximately 2045 hours. This is again on November 8th, 2024.
[Patrick Smith]: At approximately 20, 45 hours, I observed a white BMW turn from Salem Street on River Street. The BMW parked in a posted, no parking zone on River Street. A male known to me as Cameron Vivalo exited the driver's seat of the BMW and proceeded to enter a method of wine and spirits. I've had numerous interactions with Mr. Vivalo in the past and believed him to be under the age of 21. Moments later, Mr. Vivalo exited a method of wine and spirits, holding a small black bag. The way he was holding the bag was consistent with holding a bottle-shaped object to which he was born in 21. When asked for identification, he stated it was in the car. Asked how he purchased the alcoholic beverage without identification. Mr. Billmore explained he had been purchasing alcohol inside Method Wine and Spirits since he was 15 years of age and no one knew him. Inside the black plastic bag was a 200-milliliter bottle of Tito's vodka. After conversing with Mr. Bibelow, he admitted that he was 20 years old. His date of birth was April 25, 2004. He is, in fact, not 29 years of age. Mr. Bivolo's demeanor changed during the course of our interaction, and our conversation became adverse. I'm well aware of Mr. Bivolo's hostility towards law enforcement in the past and his propensity for violence. Being alone on scene, our conversation spiraled in an adversarial direction. I placed Mr. Bivolo into handcuffs and informed him he was being detained. Multiple Medford police officers arrived on scene, including Sergeant James King. I entered Medford Wine and Spirits and spoke I'm going to go ahead and get started. I'm going to go ahead and get started. hologram on the ID of the adult, where the license number resulted in no reckoning with Connecticut R&D. Fraudulent driver's license presented by Mr. Bivolo is 22 years of age. He attempted to advise Mr. Bivolo about the seriousness of underage alcohol consumption and the possible ramifications. However, based on his response, he appeared unbothered. The Tito's wife wrote a fraudulent Connecticut driver's license when it was seized. No criminal charge will be filed against Mr. Bivolo. I then re-entered Medford Wine and Spirits, advised Mr. Rakesh Patel of my investigation, who contacted the owner, Mr. Dharam Patel, and we scheduled a meeting for the following day. It's essentially the facts per incident number three, and then I'll pass around the bid to the driver's license. Okay, great.
[Unidentified]: Thank you.
[Patrick Smith]: So I ended up seeing the video for this one. And he just nonchalantly walks in and then walks up to the register, takes the ID out of his wallet, and just goes like this, and then puts it right back in his wallet. And then walks right out the store, very nonchalantly. OK.
[Allan Martorana]: So what's enhanced scrutinized? Is that what you're saying?
[Patrick Smith]: No, he just got it out of his wallet, more like this side. Here it is.
[Allan Martorana]: Yeah.
[Patrick Smith]: That was also the same from incident number one. So same thing. They get it out of the wallet, go out, put it right back in the wallet.
[MCM00001210_SPEAKER_04]: Incident number one?
[Patrick Smith]: Yes, that second purchase, that John Julio. Yeah, yeah. He just took it out of his wallet, went like this, and then put it back in the wallet, and put the video out. So I did not see the video from incident number two.
[Unidentified]: Yeah.
[Patrick Smith]: I also didn't see, I wasn't aware and didn't see the incident from the October 31st.
[MCM00001210_SPEAKER_04]: Yeah, so the November 1st one.
[Patrick Smith]: Is it because it didn't exist, you go there? I wasn't aware of it. It could have been discovered later, but I just wasn't aware of it.
[Robert Delafano]: Okay, Mr. Patel, would you care to comment on anything with alleged violation three with Mr. Vivlo?
[SPEAKER_07]: Oh, so I would like to make one comment where he mentioned that like, Metro Buying Spirit since he was 15, he was still been buying alcohol since he was 15 years old. And I believe a similar comment on incident number one. So we took over the Metro Buying Spirit last, October or September. And I know the prior owner had a lot of run-ins with these kind of instances. And I think because of that reason, he kind of lost a lot of sales and went bankrupt almost. So I just wanted to be there on the record that we took over ownership of I believe October 2023, if it's September or October, I can't recall. And we didn't know that MetraMining Spirit was famous, I guess, among MetraMining. We didn't know until this report, and now we're going to take even more stricter rules and policies and procedures. But yeah, so that's Everything's fine by me. Yes.
[MCM00001210_SPEAKER_04]: Just clarifying something?
[Unidentified]: Yes.
[MCM00001210_SPEAKER_04]: Incident two and three, so they happened on November 8th? No, correct. And then after incident, after the first incident, with the five students in the car, that blurry ID. Did anybody talk to the store?
[Patrick Smith]: No, no. No, I did not. Okay, yeah. I went back and sat down and marked it. Yeah, gotcha.
[MCM00001210_SPEAKER_04]: And then it was after the second one where the guy had to get... So when the second incident was a little bit different, obviously.
[Patrick Smith]: Yeah, for sure. It was potential that night that there were going to be criminal charges. It was potential he was going to be arrested. I don't want to get into his history, but another officer, I'm very familiar with him, so is the other officer who was working with him and his family on lots of issues. So the decision was made that night not to file any criminal charges. But because of what transpired, I needed to go into the store, I needed to look into it further, I needed to see that video right then and there because of the possibility of taking criminal action.
[MCM00001210_SPEAKER_04]: Yeah. And close at 11? That's when it closes.
[Allan Martorana]: 11 p.m. So when was what? 10 past 10 and when was quarter 11? 8.10 and I think 8.45. 8.10 and 8.45. And then that was it for me from that's why it's very steady.
[Patrick Smith]: I just went on. observations all of them.
[Robert Delafano]: Okay, Mr. Farhan Patel, did you like, did you wish to comment on the alleged violations? Yeah.
[MCM00001210_SPEAKER_04]: It's another clarifying question. Sure. And then so, so then November 9th, we had a meeting. Yes.
[Patrick Smith]: Yep. A full meeting. Would you like me to go into the meeting on the 9th?
[Robert Delafano]: Yeah. So you guys are all set as far as questions for the alleged third violation, correct?
[Allan Martorana]: Yeah. It's just, so that's the 8th. Those two are the 8th and you put the new system in on the 9th. On the morning of the 9th. Morning of the 9th.
[Robert Delafano]: I'm sorry. No, that's okay. That's what we're here for. Once we're done with all the questions on the alleged third violation, then Officer Smith is welcome to read the summary, which is where you left off, but Ben, take your time.
[MCM00001210_SPEAKER_04]: No, no, no, I guess those... I think I'm clear on those three ones, so... Okay.
[Robert Delafano]: Um, officer Smith, if you care to read the summary, um, which is continuing it at the end of the evening, I returned to the method police station. It's in the middle of page three, I believe.
[Patrick Smith]: Just to back up one second, one paragraph. So, um, When I finished the third incident, Mr. Rakesh Patel, who was the fourth, I mean, then contacted Mr. Karen Patel, and we scheduled a meeting for the following day, 3.30, because we wanted to address this right away. At the end of the evening, I returned to the Medford Police Station. The two 12-packs of Nicole Valter and a bottle of T-Dogus vodka were disposed of in the trash barrel at the Medford Police Station. Seized products, will and driver's licenses will be destroyed at the conclusion of today's administrative hearing. So on the following day at approximately 3.30 p.m., I traveled to Medford-Wyden Spheres and spoke with Mr. Rakesh Patel and Mr. Karen Patel. I explained the entirety of my investigation and showed them the fraudulent driver's licenses from the night prior and from the first incident. Mr. Karen Patel explained after receiving the phone call last evening, he ordered an ID scanner. an ID visor, smart V2 ID scanner, and a manual for identifying fraudulent IDs. They also said they were purchasing black lights, ultraviolet lights, and books. They were all in order. So when I went in on the 9th, he showed me the Amazon receipts that he purchased them, and they were to arrive on the 10th. So they were going to be installed, and they were installed on the 10th. On the 9th, He explained that after receiving that phone call, and when they opened up the following day, himself and Mr. Rakesh would tell them that they downloaded an app to their phone. So check IDs. And that's what they were going to use for the in-between until the new system arrived. I wasn't aware of that they already had a system at the registry that they had been using. I wasn't aware of that. Overall, I think we had a very positive meeting. They were very merciful to sell it to persons under 21. And they took the necessary steps by buying it, purchasing a new ID scan of the books, the ultraviolet lights. These are things that all should have been done. I mean, yeah, they own another business. They know. They know. They went and opened a store in 23. Especially after the first incident. But I'm glad they took the necessary steps. Those steps were completed before I even walked in the door. on the night they made the purchase. I saw the Amazon receipts, and I know they will put in place on the 10th. Because on the 10th, I started, Mr. Garen Patel started sending me emails of all these pictures of the IDs that they're sharing, because the system was actually, well, it worked. It worked, and I went down and collected those IDs, and the new system seems to be working very well to prevent this from happening. But overall, we had a very positive meeting. They were remorseful for what transpired. And that's essentially the summary. Okay, very good.
[Robert Delafano]: Mr. Patel, do you have any comments on the summary of the police report on what
[SPEAKER_07]: So I would like to just add one point. One of my family members in New York, he owns a liquor store and he had a similar kind of experience with underage teenagers with fake IDs and those investigations wouldn't lead to anywhere. And so what they ended up doing, partnering with the City Hall and the police department, they come up with a strategy, if you will, implementing a $1,000 fine to the teenager who carries the fake ID. Because we can go on and on about catching this fake ID, confiscating, forwarding to the police department. But if it's not going to lead to any penalties to the teenager carrying the IDs, it's like they're not under pressure of not carrying the pay guide. They just don't care, you know? Right. So if we implement, like if the Metricity implements some sort of guidelines, like first incident, second incident, they're like, there is a $1,000, $5,000 fee fine. And if we forward the teenager information to the police department, they're able to enforce those fines on them. that will reduce the teenager carrying the fraudulent ID in the first place. We're going to be doing everything in our power. We order a second system that's better, but sometimes that's still not 100% of that I mentioned earlier. So yeah, that's my personal comments.
[Robert Delafano]: Yeah, I mean, we can take that under advisement and refer it to our legal department. I'm not sure if that's quite legal for us to do that without checking with them. There is language, I believe, in 138 Mass General Laws that the store can be fined up to $2,000 for selling to a miner. You know, I'm not, I'd have to really dig into it to see if there was any language in there for the minors, but it's something we can refer to our legal department and, you know, check that.
[Patrick Smith]: Officer, can you comment? So on the police side of things, I've discussed this at length with Lieutenant Walkowicz, and we seem to be in agreement of progressive discipline. So all of these people that we've interacted with, it's almost like one bite of the apple, right? If there is a, this happens again, then we will take criminal charges. This will go through the court system. There will be penalties of some sort, but they've all been advised of that. So, but for this instance, we decided, you know, we'll explain the ramifications to them. And then going forward, if this happens again, then we're going to take the criminal side of things. Right. Absolutely.
[Robert Delafano]: Yeah. And that's basically what the verdict was when you appeared before us in June. that we held a one day suspension in abidance for a year, meaning if you violate it again, then you get that one year suspension for that previous check. And that was a servant to another age group, right? Yeah, it was the same. I'd like to ask one question is the clerk. His name is Rakesh. Is he still working there? Is he, I mean, he was one, you know, he was the same one that sold to the miner back in June. And Mr. Caron was also informed to abuse, got certified and obviously didn't either learn anything from it or just disregarded the respect for the law that, you know, you're supposed to follow. Is Mr. Rakesh still working for you, folks, or is he going to be supervised by some sort? I mean, I know that you were going to be working with him until this machine came or whatever. It's just that, you know, I feel bad for you as an owner that, you know, because of this you're going to have to pay the penalty on it, which is not really fair.
[MCM00001210_SPEAKER_04]: That's what a business owner has to do when their employees don't follow the rules. And that's their, it's ultimately, they're the ones who make all the money, not their cash.
[Allan Martorana]: Yeah. It could come to a bit if they start to a minor and they wrap the car around a tree or they kill somebody.
[MCM00001210_SPEAKER_04]: Yeah.
[Allan Martorana]: Yeah. Then it's too late. Then it's too late.
[MCM00001210_SPEAKER_04]: Okay. I also just want to share just my opinion, but I do think that the police, in this case, have done a very thorough job of following up on all of these. And I mean, I'm sure those kids whose parents have been informed, I mean, gosh, I remember a long time ago. I don't think if somebody's ID got taken a long time ago, growing up, there was no, you know, they've vanished. And I don't think the police were calling their parents. I never heard of it. So I think he's very thorough, he's very proactive too. And I, so I, I, you know, the fine thing, I don't even know what to say about that, but that's, that's really a step.
[SPEAKER_07]: Yeah. I agree too. Like, so like our story in Lowell, like, um, it's not the same level of help from the police department, so like Alex and Chris too. So like, yeah, so respect is better, respect is due. Yeah. So I think they're, they're on it. Um,
[Robert Delafano]: Okay. Well, at this point, is there anybody else that I'd like to speak on behalf of or against or anything else to say? Well, what we're going to do is we're going to deliberate for a short period of time, 10, 15 minutes. And so the three commissioners can from testimony and we'll be back in and give you our decision.
[Unidentified]: Okay, we have both the offices here as well. Get rid of these.
[Robert Delafano]: Switch glasses, you're getting old. Okay, these are the commission's findings for today's hearing. Um, apparently this commission, we weren't taken seriously on July 17th with the compliance checks hearing that we had given you folks a one day suspension, uh, held in abidance. And you understood at that time that if you violated again within a year that you were going to get a one day license suspension. So that is. going to be in effect starting tomorrow on 11-27. And as you seem to continue to disregard the law, especially after being TIP certified, the second offense that occurred on 11-1-24 will receive a two-day suspension. that's going to be served 11, 29, 24, and 11, 30, 24. Violation of Mass General Law 138, section 34, sale of alcoholic beverage to minors. After being notified by Sergeant Covino on 11, 124, that you're still sold alcoholic on 11A at 20 hundred hours to again sell alcoholic beverages to a minor violating Mass General Law 13834. That was Michael Bailey. He was 19 years old. And that became your third offense, which you will receive a three-day suspension for beginning 12-1. 24, 12-2, 24, and 12-3, 24. 45 minutes later, on the 8th of November, you continued to disregard the law and sold to yet another minor, violating Mass General Law 138, Section 34, to Mr. Cameron Bibolo, 20 years old. And that became your fourth offense. which will be December 4th, 5th, 6th, and 7th of 2024. Mr. Patel, this is a total of 10 days suspension. Your Section 15 alcoholic beverage license is going to be suspended, and that's beginning tomorrow through December 7th. you may resume normal business hours of operation Sunday, December 8th of 2024. You are to surrender your license from the premise and deliver it to Daria by 10 a.m. tomorrow morning. Due to the fact that you purchased an ID scan, It shows that this commission, it shows this commission that you're trying to change your ways of doing business. So we're going to mitigate the two violations you admitted to today on October 31st and November 2nd. You know, it's the tip certification course. You're well aware that what the acceptable forms of IDs are for the state of Massachusetts and out-of-state licenses. Even with this machine, if it doesn't pick it up, an out-of-state license is not acceptable in the state of Massachusetts. So you're doing that at your own risk. I come in, you ID me, and I present you with an out-of-state license. Obviously, I'm over 21. That's not going to be a problem for you. But if it's somebody that's questionable, that's a problem. I don't know if your machine guarantees that you're not fraudulent or whatever, but it's not acceptable in Massachusetts. You're also going to be required to have all employees TIP certified, and ID training classes that need to be completed within 60 days, and forward copies to DARIA. The Mass Package Service Association can assist you with that.
[Unidentified]: Let's see.
[Robert Delafano]: Mr. Patel, as I stated at the last hearing you attended in July, this city and commission take these major offenses seriously. One of these major offenses could have resulted in a tragedy or even a fatality, not only to the impaired body, but also to an innocent body. With that said, Mr. Patel, as we go forward, if you should appear before this commission with another major offense, you could be facing an indefinite suspension or revocation of your license. Do you understand what this commission has told you, Mr. Patel?
[Unidentified]: Yes.
[Robert Delafano]: Mr. Patel, do you have any questions pertaining to this license suspension?
[SPEAKER_10]: Would anyone else care?
[SPEAKER_07]: It's going to be
[Robert Delafano]: It's going to be starting tomorrow, 11-27-24, through 12-7-24. You may resume normal operation Sunday, 12-8-24.
[SPEAKER_07]: And so on Sunday, 12-8, we can't pick you up or license from the City Hall?
[Robert Delafano]: Yeah. I mean, obviously, we're closed here on Sunday, but you'll be authorized to sell alcoholic beverages. on Sunday, the 8th, and just come by to pick up your license on Monday. Yep, those are the dates. where you sell other items. I don't know, you do lottery or any of that stuff, but that's totally up to you. You don't have to close the doors. You just cannot sell any alcoholic beverages. And if you do, that could lead to a whole nother set of problems that you really don't wanna get into. Okay, is there any other questions you have on the suspensions or this matter? Would anyone else, police officers or commissioners care to comment? Chairman, is there a notification to the public of any signage? Yes, we did discuss that during deliberation. We are definitely going to give them signage to post in the windows and on the entry door, letting the public know that you are in violation and that's why you're closed. We're not closed, but unable to sell alcohol beverages. We just have to look into the wording on that. And if we have it ready by tomorrow morning, Daria can provide it with you. If not, we'll reach out to you and let you know. Okay, Commissioner Giraldo. Do you have it in? You're good?
[Allan Martorana]: Yeah. You do understand it's 10 days. It could have been a whole lot worse. Believe me, this is why we took longer than 15 minutes. We kind of hashed it out. You know, we know that we purchased the package store on the 23rd. So the SINs before the SINs we counted against you. the word is out there. So, um, so take this and there'll be a learning moment for all of us, especially where you guys, your whole family is in the, you know, you guys know backwards and forwards, but this could have been a lot worse because if you just, you knew the penalties, it could have been easily among either. So, but like I said, we, we try to be pro business, At the end of the day, no one was seriously injured. Law enforcement had made sure parents, everybody was aware of it and spoke with you. So it's kind of one of the few reasons why we're not really throwing the book at you, so to speak. So, like I said, take this, learn from it. We don't want to see you again for this violation because it's not going to be pretty if we see you again for this violation, okay?
[Robert Delafano]: Just as a point of reference with Commissioner Matarana saying in the city of Medford rules and regulations, guidelines on disciplinary sanctions or defense major suspension, 30 days to revocation. So technically we should have given you 30 days today as a maximum, but we took into consideration what are you doing to better your business? What are you doing to improve this issue? Unfortunately, that goes along with the territory. But I'm sorry, I don't mean to... No, no, that's fine.
[Unidentified]: Okay, sorry.
[SPEAKER_07]: Yeah, and are we going to get the instruction on the ID training within 60 days? Within 60 days. We get that from, is it?
[Robert Delafano]: Yeah, what you want to do is, you know what the TIPS training is, correct? Correct. So any of your employees at this store need to be TIPS certified and a copy of their TIPS certifications should be sent to DAPR. Also, it's something called ID training class. And if you get in contact with the Massachusetts Package Store Association, are you familiar with that? They will tell you where you can go and have that training for all of your employees as well. If there's a certificate that comes with we're not certified.
[SPEAKER_07]: Would you provide the copy of that instruction like either tomorrow when we come drop off the license so that
[Robert Delafano]: I don't know if that's going to be ready yet with you, Daria, but she's super busy with our... Yeah, or you can email it to me.
[SPEAKER_07]: Absolutely. So I don't forget.
[Robert Delafano]: No, we'll give you a detailed report of what the violations are and what the dates are and everything else. But you know the gist of it. from tomorrow through the 8th, through the 7th, reopening on the 8th. Okay, very good. That concludes this hearing. I make a motion to adjourn. Second motion. All those in favor? Aye. All those opposed? Hearing and seeing none, D.I. 7th, meeting's adjourned.
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