2026-10-08 - License Commission

00:01Yeah.

00:01>> Good morning. Uh I'm Anthony Vigliotti.

00:04I'll be chairing today's meeting of the

00:06Worester license

00:09>> recording in progress.

00:38Okay. All right.

00:40Let's start again.

00:43For those that weren't here when I

00:44announced that audio,

00:48my left,

00:50my right is cruise. represent

00:56office

01:04and from the Worcester Police

01:05Department, Sergeant Thomas Needm and

01:07Officer Patrick Harrington.

01:10Before we begin the meeting, a few brief

01:12announcements

01:20in person. It's a public meeting. is

01:22being recorded. The minutes will be

01:24taken and published at a later date. We

01:27ask all speakers that are participating

01:29to please give us your name, where you

01:32live, and then address the application

01:34that you have before the license

01:37commission.

01:39There are several items on the agenda

01:40that will be continued or postponed.

01:42I'll announce those as we go through the

01:44meeting. The general conduct of the

01:46meeting is that the petitioner is called

01:50petitioner will make the presentation

01:53commission will have some questions.

01:56There may be some public questions from

01:57either people present or online. If you

02:01applied for uh the yearly liquor

02:02license, it will be uploaded to the

02:05alcohol beverage control commission if

02:07approved within 48 hours. The

02:09application then is assigned to an

02:11inspector for the state ABCC.

02:14They do their investigation. It takes

02:17approximately four to six weeks to get

02:19an answer. In the meantime, the

02:22petitioner for the liquor license is

02:24responsible for obtaining all your

02:26necessary permits uh including building

02:29h uh health and otherwise.

02:32With that, I call to order the meeting

02:35of October 8, 2026 of the Worester

02:38License Commission.

02:39>> Second.

02:40>> Commissioner Cruz.

02:41>> Yes.

02:41>> Commissioner Fischer.

02:42>> Yes.

02:42>> Chair Vladi.

02:43>> Yes.

02:44>> First item on the agenda is one day

02:47liquor and entertainment request. The

02:49big deal at 633 Salisbury Street

02:56Sunday, October

03:015.

03:10Good morning.

03:12>> Oh, I'm John. I live uh in Worcester and

03:16I'm here representing the Jewish police

03:18and the South Institute.

03:20>> Please tell us about the application.

03:22>> Uh it's for one day event. It's a

03:24fundraiser for scholar camp

03:26scholarships. Um

03:29uh it's just that uh we'll be having uh

03:32people come throughout the day for a a

03:35tour.

03:38Everybody's working. Uh we hope for

03:41about 72 about 75 or 80.

03:50Is there anyone present or online?

03:58>> Yes.

04:00>> Yes. Thank you. Enjoy the event.

04:02>> Thank you very much.

04:04Number two on the agenda, Dasis of

04:06Worcester 144 Grand

04:10Thursday, October 29th, 5:30 a.m. 7:30.

04:16Anyone online to address this?

04:25Now let's bring out the agenda for a

04:26year pop two ionic capital

04:35Saturday

04:385 p.m. 10 p.m. for anyone present or

04:42online

04:53request one day look like since Saturday

04:572:00 p.m. to 6 p.m.

05:02UI line.

05:07If you got someone's

05:16hearing the speaker

05:25is

05:29I think we'll come in.

05:45We're going to have a

05:51Heat.

06:04Heat.

06:16Officer Harris can go off and give

06:18himself.

06:20>> Me too.

06:22Lots of challenge.

06:57Heat. Heat.

07:05They can give us

07:09something.

07:38Heat.

07:45Heat.

07:56Okay.

08:18We're going to do because we're having

08:21problems.

08:27So say go through agenda. I'm on number

08:31five. So anybody can have

08:35it.

08:37Uh, I'm going to jump down.

08:44Actually, I go to that mic.

08:47>> Hello.

08:48>> I'm going to Yes. I But

08:53>> I'm El

08:56Street.

08:59>> Okay. You're on. Your name.

09:01>> Good morning. My name is Anhar. I live

09:03in Houston Street. I'm here.

09:11>> Can you hear me?

09:12>> All right. Uh, my name is Anhar. I live

09:15on uh the 64th Street and I'm here for

09:18Bison.

09:20>> Let the record show that

09:29question.

09:44uh license commission

09:48to onsite recognition with license

09:51commission

09:53to that uh legal documents. Uh we

09:57discussed u

10:00staffing

10:01uh bottle uh bottle service rules and

10:05regulations

10:07uh and also uh in regards to

10:10entertainment any promoted event and

10:12whatnot. He inquired about uh acquiring

10:15police details for such events. Uh he

10:18has all of our contact information. So

10:20as long as there's a good flow of

10:22information, he has any questions or

10:23concerns, he knows where to direct it. I

10:25know he's dealt with uh Officer

10:27Harrington on a number of issues. So uh

10:30hopefully going forward there are no

10:32issues and uh if there are, we will

10:34address them directly with him.

10:36>> Is there anyone present or online that

10:38has any questions or comments?

10:41Hearing none. Motion to approve.

10:43>> Second.

10:44>> Commissioner Cruz?

10:45>> Yes.

10:45>> Commissioner Fischer?

10:46>> Yes.

10:46>> Chair Vigliotti?

10:47>> Yes. Thank you.

10:49>> Thank you.

10:49>> Are we back online? Continue.

10:52>> Uh

10:54just Chris Bisar, are you able to hear

10:56us?

10:59>> Yes. Yes, I can hear you now. Is gone.

11:01>> Let me jump back. I'm going to jump back

11:03to number four on the agenda.

11:06Chris Besar, Commercial Street, request

11:08for one day liquor license. Saturday,

11:10October 17th, 2:00 p.m. to 6 p.m. Mr.

11:14Bisaw, you're on, please.

11:16>> All right. Thank you. Chris Bisaw from

11:18>> Can you speak a little louder? Having

11:20trouble hearing you.

11:24>> All right.

11:25>> The feedback is back again. Eric.

11:29>> All right. M will come back to you in a

11:31few minutes.

11:35Is number seven center. Anybody here on

11:42This is the worst center of bombing

11:45southwest to request team offices to

11:49request this email. I um chart

11:5460

11:56very fast and radi

12:08based on the background investigation

12:10there's nothing to prevent application

12:15is there anyone press online and

12:18question progress

12:20hearing All right.

12:22Second.

12:24>> Yes. Yes.

12:27>> Okay. Thanks so much.

12:32>> Frank was center for performing arts.

12:35Frankie

12:37office director

12:39manager. You don't have to identify

12:41yourself.

12:42>> Sure. Just tell us about what you're

12:44doing.

12:45>> You are chief debard. I was 16. She was

12:48iron mass in Brooklyn

12:52offices and cutters and the change

12:54manager for street address

12:59Jacone

13:08present online.

13:15>> Yes. Yes. And yes, thank you.

13:20Is there anybody here from Cap 455?

13:30This is cap 455

13:42background music and recorded music.

13:44Good morning and welcome, sir.

13:46>> Good morning. Uh my name is Joseph

13:48Kaplan. Uh 263 Fischer Road in Holden.

13:51Uh looking to request the transfer of

13:53the liquor license. Um and al like you

13:57said the Common Vic and entertainment

13:58licenses um for myself and my brother

14:02Ben is here as well.

14:07Uh, Peppercorn's um been around for a

14:11long time. We're our thought with it is

14:13to take over and um

14:17really just keep it exactly as it is.

14:18It's a fantastic place. The people love

14:20it. So, why change a single thing about

14:22it?

14:22>> Is this an addition to Lakeside, etc.,

14:25etc.

14:25>> In addition to Yes.

14:27>> Congratulations.

14:28>> Yeah. Thank you. Appreciate that.

14:29>> Fishing

14:30>> is Brennan staying.

14:31>> Of course.

14:32>> Okay. He's

14:33>> I I figured that was going to be coming.

14:35>> Yeah. Um, no other questions.

14:38>> Yeah, it's a very valid question.

14:41Commissioner Cruz,

14:42>> no questions.

14:42>> Sergeant Neita, any issues?

14:44>> No issues.

14:45>> Is there anyone present or online that

14:47has any questions or comments?

14:49>> Hearing none. Motion to approve.

14:51>> Second.

14:51>> Commissioner Cruz?

14:52>> Yes.

14:53>> Commissioner Fischer?

14:53>> Yes.

14:54>> Chair Vladi?

14:55>> Yes. Thank you. Good luck with the new

14:56adventure.

14:57>> Thank you.

14:57>> Uh, Mr. Chair, people said they can't

14:59hear us now.

15:01>> All right.

15:01>> Okay. Should we finish 10? We might as

15:04well finish.

15:04>> Let me do number 10. Italian American

15:07World War Veterans US request for change

15:10of manners. Good morning, gentlemen.

15:11>> Morning.

15:12>> Good morning.

15:12>> You're becoming a fixture over here.

15:14We're resolving the issues.

15:15>> Yes. Robert Steve, 143 Oxford Street,

15:18Auburn, Mass.

15:19>> Scott Bole, 54 Huntington A, Wester,

15:22Mass.

15:22>> All right. So, we got to request a

15:24change of manager. Do we have a manager?

15:26>> Yes.

15:26>> I was.

15:27>> Okay.

15:27>> That's who we presented.

15:29>> All right.

15:31No questions. No questions.

15:33>> No questions.

15:34>> You need them.

15:34>> I am happy to report.

15:37>> Thank you.

15:39>> That based on the background

15:41investigation, there would uh nothing

15:43that would statutoily prevent the

15:45application moving forward with Mr.

15:48Snape

15:49>> being named as manager. It's been a long

15:51twisted vote.

15:52>> Thank you, sir.

15:53>> Anyone present or online have any

15:55questions or comments?

15:57>> Hearing none. Motion to approve.

15:58>> Second.

15:59>> Commissioner Cruz. Yes,

16:00>> Mr. Fisher.

16:01>> Yes,

16:01>> Chair Vigliotti.

16:02>> Yes. Congratulations.

16:04>> Thank you guys for a long time.

16:07>> All right, we're going back to

16:10>> We're going back to number two on the

16:12agenda. Dasis of Worester 144 Granite

16:15Street West 48 Thursday, October 29th,

16:195:30 p.m. 7:30 p.m. Anyone present

16:23online to address this application?

16:27Mr.

16:31Oh,

16:33uh,

16:36>> oh,

16:45this is this is our dieter

16:50event last year.

16:59expect people and they will have a tips

17:02certified bartender and the distributor

17:04is

17:07not

17:09I don't believe

17:17>> anyone present they're online

17:22make a motion to approve Second.

17:25>> Yes.

17:26>> Yes.

17:28>> Number three. I need creative puff to

17:31ion. Is there anyone pressing on my line

17:33on this application?

17:38Hold it to the end. Mr. B, sir.

17:45>> I can hear you now.

17:46>> Yeah. Mr. B, sir, are you online?

17:48>> Yeah,

17:48>> I am.

17:49>> All right. Can you speak a little louder

17:51or having a little difficulty hearing

17:52you?

17:53Y Christopher B Commercial Street

17:57request for one day liquor license for

17:59Saturday, October 17th from 2 p.m. to 6

18:02p.m.

18:03>> Yep. Uh can you hear me? Okay.

18:06>> Speak a little louder, please.

18:09>> Yeah. Uh Chris Bau from uh Sturbridge,

18:12Massachusetts. This is our annual uh

18:15railers opening day block party uh which

18:18we will be doing uh on Commercial Street

18:20in front of off the rails. Uh we have an

18:22application for a road closure. Uh we'll

18:25have police details at both end of the

18:27streets. Uh we will have United Sight

18:29Services for Porter parties. We'll be

18:31using our own security. We will have

18:33entertainment behind off the rails in

18:35our licensed area in our parking lot. Uh

18:38and that about sums it up.

18:40>> Okay. Thank you, Mr. Fisher.

18:43>> No questions.

18:44>> Mr. Cruz,

18:45>> questions.

18:46>> Sergeant Neil,

18:46>> no issues.

18:47>> Uh through the chair, I just want to

18:49confirm with Mr. Besaw. Where is this

18:52going to be located?

18:54>> On Commercial Street in front of Off the

18:57Rails.

18:57>> Okay. Uh through the chair to Mr. Visaw.

18:59Have you gotten your street closure

19:00permit yet?

19:02>> Uh I know the application is in. We've

19:05done our part that we're just waiting

19:06for approval from uh Denali.

19:10>> So, Mr. Chairman, if you approve, it'll

19:12be subject to the street closure. Okay.

19:15>> Is there anyone present online that has

19:17any questions or comments? Hearing none,

19:21I make a motion to approve subject to

19:24getting the approval of the closure of

19:26the street from the city of Worcester.

19:28>> Second.

19:31>> Commissioner Cruz.

19:32>> Yes.

19:32>> Commissioner Fischer.

19:33>> Yes.

19:33>> Chair Viatic.

19:34>> Yes. Thank you.

19:36>> Thank you.

19:41>> Cafe Edy LLC 643 Chandler Street. These

19:45are common victular requests. Anybody

19:48here are online for this application?

19:50>> I'm I'm I'm here, sir. It's Cafe ID. Um,

19:53>> good morning.

19:54>> My apologies for not being there, but I

19:56had surgery.

19:56>> Apologies necessary. Please tell us

19:58about your application.

20:00>> Um, I'm I'm applying for the Common Vic

20:02for our restaurant, Cafe ID.

20:05>> In your operating hours, Sunday you're

20:07close. Monday you're closed. Tuesday 5

20:09to 10, Wednesday, Thursday, Friday 5:00

20:13p.m. to 10:00 p.m. And Saturday from

20:1511:00 a.m. to 10 p.m. Correct.

20:18>> No, sir.

20:19>> Okay. Tell us about your operation,

20:21please.

20:23>> Um, we're uh Cafe ID is a a locally

20:26owned full restaurant service restaurant

20:28coming to Worcester named after my late

20:29mother. The concept is inspired by my

20:31culinary career experiences working in

20:34places including Dubai, Australia, and

20:36the Caribbean being combined with my

20:37local roots uh growing up locally. Um

20:40we're approximately 45 seats with a

20:44small seven seat bar. Alcohol and food

20:46and hospitality program will be our

20:48focus. Um and our goal is to create a

20:51welcoming neighborhood restaurant

20:52focused on great food, responsible

20:54service, and a positive experience for

20:56guests in the worst community.

20:58>> Thank you. Do you have an alcohol

21:00license? We don't

21:00>> through this year. No, that is not going

21:02forward till next year.

21:03>> Okay. So, you don't have a alcohol

21:05license at the present time. Correct.

21:08>> Negative. I just got zoned.

21:09>> All right. Commissioner Fisher.

21:12>> No questions.

21:12>> Commissioner approves.

21:13>> No questions.

21:14>> Sergeant Nem.

21:15>> No issues.

21:16>> Anyone present or online have any

21:18questions or comments?

21:21>> Hearing none. Motion to approve.

21:23>> Second. Mr. Cruz.

21:24>> Yes.

21:24>> Mr. Fischer.

21:25>> Yes. Chair.

21:26>> Yes. Thank you. Good luck with the new

21:28business.

21:29Sir, thank you kindly all

21:45>> do that one.

21:46>> I'm going to jump back to number two on

21:49the uh I'm sorry, number three on the

21:51agenda that was on hold. creative hub to

21:54ionic a anyone present or online address

21:57this application.

22:00All right, we'll continue to hold it.

22:01That's why.

22:02>> Okay.

22:02>> All right.

22:04We're on status hearings number 11.

22:12Holia Rivera DBA Ali Liquor 184 Chandler

22:16Street. Uh

22:20anyone present online for

22:23Mr. Chairman, you can just postpone till

22:25the next meeting. It's just some

22:27paperwork I'm waiting for.

22:29>> Motion to postpone to the next license

22:30commission meeting.

22:31>> Second.

22:32>> Commissioner Cruz.

22:33>> Yes.

22:33>> Commissioner Fischer.

22:34>> Yes.

22:34>> Chief Viatic.

22:35>> Yes. Number 12 on the agenda. Ko

22:38Clothing DBA Okconor restaurant and Bar

22:411160 West Boilson Street. Anyone present

22:44or online to address this application?

22:47>> Motion to postpone to next meeting.

22:51>> Second.

22:51>> Commissioner Cruz. Yes, Commissioner

22:53Fischer.

22:53>> Yes, Chair Vigliotti.

22:55>> Yes. 13 on the agenda, Lacuchina 1393,

22:59Grafton Street, status of building

23:01corrections.

23:06>> Good morning, sir.

23:07>> Good morning. This is Fenel Patel from

23:09Lakuchina 1393 Grafton Street.

23:13I'm owner of the business and we have

23:16some correction on the building and we

23:18have uh corrected all the necessary

23:22things I have documented.

23:23>> What were the issues with the building

23:24>> uh through the chair? One of the

23:26building inspectors was waiting for some

23:28items to be completed. Uh if the

23:31gentleman after we finish this meeting

23:34would go over and bring those items to

23:36the bill and inspector, he can finalize

23:37the paperwork.

23:39>> Okay. So we can motion to file this.

23:41Yes.

23:42Is there anyone present or online that

23:44has any questions or comments?

23:47>> Okay. Hearing none, a motion to file.

23:49>> Second.

23:50>> Commissioner Cruz.

23:50>> Yes.

23:51>> Mr. Fisher.

23:52>> Yes.

23:52>> Chief.

23:53>> Yes. Thank you. All right. Let's go back

23:56to uh we had one hold on here, I

23:59believe. And that was that number three

24:01creative hub to ionic a request for one

24:03day liquor license. I request warn the

24:06entertainment license for dancing by

24:08patrons amplification system for

24:10Saturday October 31st from 5:00 pm to 10

24:13p.m. Is there anyone present or online?

24:18>> Mr. Chair, meeting postpone to the 22nd.

24:23>> Motion to postpone to the 20 meeting of

24:26the 22nd.

24:28>> Second.

24:29>> Commissioner Cruz.

24:30>> Yes.

24:30>> Mr. Fisher.

24:31>> Yes. Chiatti.

24:33>> Yes.

24:35The next items on the agenda are

24:37violations hearing. First one is number

24:3914, Malro Foods, Inc. 1442, Graph

24:43Street, Violations of Rules 4201.

24:46Folks, would you please come up to the

24:48table right here, please? I'm sorry,

24:50sir. Just come right up here.

24:53We're giving you VIP treatment.

24:57>> Yeah. My name is Atul Josie. She is my

25:00wife, Nakula Patel. We are operating

25:037-Eleven from last 25 year.

25:05>> Okay.

25:06>> And officer came at that time.

25:08>> Okay. Wait,

25:09>> you could speak closer to the mic.

25:11>> Have the green buttons on. Yes.

25:12>> Yeah.

25:13>> Okay. So, speak right into the

25:14microphone. Just tell us your name and

25:17where you live right now.

25:18>> Yes. My name is Atul Jooshi.

25:21>> Where do you live?

25:22>> Uh, Susbury.

25:24>> Okay. And ma'am,

25:25>> my name is Nula Patel living 24 Kushman

25:28Ridge.

25:29>> Okay. Thank you. what uh you've been

25:32charged with certain violations of of

25:34the requirements for the license

25:36commission. The police officers are

25:38going to read what the violations are.

25:40Are you going to be represented by an

25:42attorney today?

25:43>> Uh no.

25:44>> No. Okay. This is a document. It's

25:47called a waiver of counsel. I would ask

25:49you to read it.

25:51Tell me that you understand it. And if

25:53you agree to wave counsel, please sign

25:56uh the document.

26:01Yeah.

26:11>> Yeah.

26:12>> No. Before you don't sign it, read it

26:14first.

26:21>> Who's the owner?

26:23>> Who's the president of the corporation?

26:25She'll sign it.

26:31Yeah.

26:41>> Do you Oh, before you sign it,

26:43>> do you understand that document that

26:45you're signing? You're agreeing to wave

26:47having the right to have legal counsel

26:49represent you. I understand that. Okay.

26:51Please sign him, David.

27:05Bless you.

27:07>> Thank you.

27:10The police officer was going to read the

27:13violations that were allegedly occurred

27:16and then you have the right to ask

27:18questions of the police officer or to

27:20make any comments that you would like to

27:22or address any comments or questions to

27:25the license commission.

27:26>> Okay.

27:26>> Okay. So, Sergeant Needle will read

27:28first. Sergeant Nem,

27:30>> I need to be sworn in.

27:33>> Oh, I'm sorry. I apologize.

27:35Are you both going to testify? Please

27:38stand up, please. And anyone else who's

27:40testifying, please raise your right

27:42hand. So swear to tell the truth, the

27:44whole truth, nothing but the truth on

27:47the pains and penalties of perjury.

27:48>> I do.

27:49>> Thank you. Please be seated.

27:57The undersigned uh investigator requests

27:59that Malro Foods Incorporated doing

28:01business as 7-Eleven located at 1442

28:05Grafton Street appear before the Wister

28:06License Commission to answer to a police

28:09complaint of a violation of rule 4, 20,

28:11and 21 of the rules and regulations of

28:14the Worester License Commission. Rule

28:16four, all licenses must be posted under

28:18glass or equivalent protective surface

28:20on the premise specified so that they

28:22may be easily observed. Rule 20,

28:25managers and all persons involved in the

28:27service of liquor must complete a server

28:29training program approved by the license

28:31commission prior to serving any

28:33alcoholic beverages and in all cases

28:35within 30 calendar days of their first

28:37day of work.

28:39Persons serving alcohol under a one-day

28:41special license must be trained prior to

28:43service.

28:44The manager's training certificate must

28:46be filed with the license commission

28:48prior to the commencement of alcohol

28:49service at the prem at the premise.

28:53Copies of each employee or volunteers

28:54server training certificate must be kept

28:56on the license premise and made

28:58available upon request. Rule 21.

29:01Managers of all licensed liquor

29:03establishments shall be responsible for

29:05all violations or infractions of the law

29:07occurring on the premise whether present

29:09or not. Lency is responsible for any

29:12disorder, disturbance, or illegality of

29:14any kind taking place on the license

29:16premise, whether present or not.

29:20On August 14th, 2026, I was assigned to

29:23the alcohol enforcement unit in a

29:25supervisory capacity. I was working in a

29:28plane closed capacity and operating an

29:29unmarked police vehicle. On this

29:31particular evening, I was conducting

29:33compliance checks of various section 15

29:36license holders. I was checking to see

29:38if proper warning signs, licenses were

29:40posted as required by rule 4, and that

29:42employee tip certifications are up to

29:44date and on premise as required by rule

29:4720 of the rules and regulations of the

29:49Wor License Commission. At 20 9 in the

29:52evening, I stopped by 7-Eleven store

29:54located at 1442 Grafton Street. Upon my

29:57entry, I observed a store employee

29:59located at the checkout counter by the

30:01cash register. I identified myself to

30:04him and my badge of office was clearly

30:05displayed on a lanyard around my neck. I

30:08asked him where the business liquor

30:10license was posted and he have and if he

30:12had his tip certifications.

30:15His response to me indicated that he had

30:17no idea what I was referring to when I

30:18mentioned tips.

30:20I asked where the license was posted and

30:22he did not know where it was posted and

30:24proceeded to call someone on his cell

30:26phone to come to the store to assist.

30:28The employee I do uh was identified as

30:31Ankit Parmama by a Massachusetts

30:34license. After waiting a short time,

30:37another employee identified as Push

30:40Pushkumar Patel arrived on the scene to

30:43assist. He was eventually able to locate

30:46the business liquor license in one of

30:48the many folders that he went through to

30:49locate it. The license identified Nula

30:54Patel as the manager of the business. I

30:57asked to see both individuals tip

30:59certifications. Nakulta certification

31:01expired in 2022

31:04and Pushka Pushkamage expired in 2023.

31:08No active tip certifications were

31:10discovered that indicated any employees

31:12had up-to-date certifications. At this

31:15time, I notified the employees that in

31:16the interest of public safety, no

31:18further sales of alcohol would be

31:20allowed. At this time it was 10:00 and

31:23all sales were to cease at 11 o'clock.

31:27I advise the employees that all

31:29individuals involved in the sale of

31:30alcohol must complete the training and

31:32that if no individuals are present who

31:34have completed training, there will be

31:36no sales. The employees present stated

31:39to me that they understood my

31:40directions. I did receive scanned copies

31:43of the completed tip cert uh course for

31:46the employees for the business the next

31:48morning indicating that the course was

31:50taken.

31:52I advised Mr. Patel to contact Nola and

31:54advise him that I would be filing a

31:56violation. He would need to appear

31:57before the license commission in regards

31:59to this incident. That is all I have.

32:02>> Would you like to ask officer any

32:04questions or any comments?

32:06>> Uh no. I provided him uh at the same day

32:09uh next day the the training certificate

32:13and I accept my mistake but uh it's not

32:17happen again. I will make sure.

32:19>> Okay. Commissioner Fish

32:20>> no questions.

32:22>> Commissioner Cruz

32:23>> questions.

32:25>> Is there any president online have any

32:27questions or comments?

32:31>> Why why this goes back to 23 there was

32:34no tip certification. what what happened

32:37>> uh usually I have the same employee for

32:40last 15 20 year but still that's my

32:43responsibility to make sure that one the

32:47employee train but only one employee who

32:49work nighttime that was new but rest of

32:52all employee last working like 20 years

32:55there

32:56>> have we had any violations in the last

32:58year or so

32:59>> through the chair the last violation was

33:01in 2021 when they received a warning

33:05What was that?

33:06>> She the one. What was that for?

33:08>> Uh, sale to a minor.

33:09>> Sales to a minor.

33:13>> Any other comments or questions?

33:17>> Mr. Cruz,

33:19>> I'm kind of the same line. Uh, the

33:22chair, were you aware that that the the

33:25tip certification needs to be renewed?

33:28>> Uh, yes. Yes.

33:30>> Okay. And you just

33:31>> it's it's a mistake. Yeah. Okay. But uh

33:34I will make sure now on because I now I

33:36put all the file whatever he suggested I

33:39am outside I put the license and

33:41everything on the frame outside the

33:44people can see.

33:47So through the chair, my only um

33:50I'm just wondering because you had a

33:51violation in 21 that involved uh sales

33:53to a minor and at that time you didn't

33:57pay attention that the certificates were

34:00expiring or

34:03>> uh can you repeat? I I could not hear

34:05you.

34:05>> I'm just surprised that you didn't um

34:08you weren't more diligent in making sure

34:10that their um tip certification didn't

34:13expire considering you had a violation

34:14in 2021.

34:182021.

34:22>> No.

34:30>> Go ahead.

34:30>> No, no, no. Well, that was just my

34:32concern.

34:33>> Yeah. Now on I put the file outside so

34:37any officer can see that. But I will

34:40make sure myself to check every year

34:44before the renewal before the renewal.

34:46So reminder it's not happen again.

34:48>> Yeah.

34:50>> I would just say it's not only you to be

34:51responsible but also you as the

34:53president of the corporation. I mean it

34:56all falls right back on you. So

35:00>> yeah got to make sure that

35:03>> because we're talking like four years of

35:04selling. You know what I mean?

35:07And the year before was when you got the

35:09um violation which was in 2021 and then

35:12in 2022

35:14your thing expired

35:16literally.

35:17>> Okay. Recommendation anyone

35:20>> to the chair you need to vote the

35:22violation first.

35:23>> Yeah.

35:28I find that based upon what you have

35:30said to us to the commission,

35:33based upon what the police have reported

35:36regarding the violation that a violation

35:39did occur and I make a motion to that

35:42effect.

35:43>> Second.

35:43>> Commissioner Cruz,

35:44>> yes.

35:45>> Commissioner Fischer,

35:46>> yes.

35:46>> Chair Vigliotti,

35:47>> yes. Your last violation was in 2021.

35:52Uh you you've had no tip certificated

35:56persons since 2023.

35:59Um I'll make a motion that we do a

36:02one-day suspension on the license.

36:06>> Second.

36:07>> Commissioner Cruz.

36:08>> Yes.

36:08>> Commissioner Fischer.

36:09>> Yes.

36:10>> Sher Vigliotti.

36:11>> Yes. What day was that that occur on?

36:13>> That was a Friday evening.

36:15>> Give me a Friday date, please.

36:29We seek no pleasure in doing this. All

36:32right. But unfortunately, you've got to

36:33comply with the rules and regulations.

36:36>> October 23rd.

36:38>> October 20. So, uh, the one-day

36:41suspension is for October 23rd. It means

36:44that you will not be able to serve, sell

36:47any liquor for that date. You still can

36:50operate your business. Sergeant Neita,

36:52any other advice?

36:53>> You just took took the words out of my

36:55mouth. Commissioner, you can operate

36:56business as usual. Just no alcohol

36:58sales.

37:00>> Please comply. Get everybody certified.

37:04>> You know, obviously from 21, don't serve

37:06money.

37:06>> Yeah. Yeah. No, I will.

37:08>> Thank you. Good luck with

37:09>> It may work. It may be worth it for send

37:12me the

37:12>> customers coming in. It may be worth it

37:14just to cover the um cooler doors so

37:17that it's not even exposed for sale.

37:19It'll give you it'll give your customers

37:21a visual uh clue that no alcohol is

37:24>> also we have on the register the system

37:26like when you scan you cannot scan it on

37:29that day. So I will make sure it's a

37:31block.

37:31>> I'm sure I'm sure you'll be good. Uh

37:35>> thank you. So I I I shall write down the

37:38date

37:39>> through the chair. You get a decision

37:40letter.

37:41>> Okay. Okay. Yeah. Thank you.

37:42>> Good luck. Thank you.

37:45Number 15 on the agenda, Mexicalei

37:47Cantina Grill, 225 Shersby Street,

37:50violation of rules 7 and one.

37:54>> Who's ever testifying? Please come up to

37:56the microphones here, please.

38:00>> Are you there, council, sir?

38:02>> Good morning, Mr. Commissioner.

38:05>> Okay.

38:06Could you please identify yourselves and

38:08where you live?

38:10>> Good morning, Mr. Commissioner. Members

38:12of the commission, Sergeant Officer

38:14Harrington,

38:16my name is attorney Nicholas Felichi. I

38:18represent your license holder, Mexicalei

38:21Grill. With me today is the owner of the

38:25restaurant, David Vanbila.

38:27>> Good morning.

38:28>> And the server that was uh involved in

38:30that incident that evening, Andre

38:32Palino.

38:33>> Good morning.

38:34>> Good morning.

38:40You know the procedure. Sergeant will

38:42read violate. I'm going to swear

38:44everybody in in a minute, but the

38:45sergeant will read the alleged

38:47violations. Then you have the right to

38:49ask questions and make comments. Okay.

38:51So, all those that are testifying,

38:53please stand.

38:56Raise your right hand. Swear to tell the

38:58truth, the whole truth, nothing but the

38:59truth under the pains of penalties of

39:01perjury.

39:03>> I do.

39:04>> Please be seated.

39:08Sergeant Ne

39:09>> reading from the report of officer

39:10Patrick Harrington seated here to my

39:12right. The undersigned license

39:14commission investigator requested the

39:16license commission notify Mexicalei

39:17Cantina Grill located at 225 Shoes

39:21Street to appear before a hearing of the

39:23license commission to answer police

39:24complaints of violations of rule 7 15

39:27counts and rule 14 of the rules and

39:29regulations of the license commission

39:32which occurred on September 3rd, 2026.

39:36Rule seven, sales to persons under 21

39:38are prohibited and are punishable by a

39:40fine or imprisonment or both. Chapter

39:44138, section 34. Rule 14 has already

39:46been read into the record. On September

39:493rd, 2026, members of the ABCC was to

39:52fire and code and alcohol enforcement

39:54units were conducting compliance checks

39:56and numerous businesses throughout the

39:58city. At approximately 9:30, officer

40:01Harrington along with the other members

40:03from the various units stopped at Mixali

40:05Cantina Grill located at 225 Sho Street

40:09to observe the manner in which business

40:10was being conducted. Should be noted

40:12that the Worester Police Alcohol Unit

40:14was made aware of a complaint received

40:16on August 27th, 2026 that the city of

40:20Worester 311 team received about

40:22underage service at Mexalei, which noted

40:25Thursdays.

40:31Upon the entry to the business, liquor

40:32agents observed over 30 plus youthful

40:36individuals within the establishment

40:38with the majority seated at the exterior

40:40tables.

40:42During their observations, they noticed

40:44minimal food on the tables and alcohol

40:46beverages within their possession. It

40:48was clear to investigators from their

40:49physical features and appearance. The

40:51majority of the group seated together

40:53were under the age of 21. It is also the

40:56opinion of the investigators that any

40:58reasonable person, particularly one

41:00responsible for the sale of alcohol

41:01beverages,

41:03also would have known or should have

41:05known that the indivi individuals were

41:07under the age of 21.

41:10At this time, as investigators began to

41:12check proof of age, we noticed that

41:14numerous individuals became very nervous

41:16and tried to leave the tables. A

41:18compliance check resulted in the

41:20following underage in possession of

41:21alcoholic beverages.

41:24An 18-year-old female was in possession

41:26of an alcohol strawberry margarita. A

41:28New Jersey fake ID was confiscated.

41:32Another 18-year-old female in possession

41:33of an original margarita.

41:36Idaho fake ID confiscated.

41:4018-year-old female in possession of an

41:42uh mango alcohol margarita.

41:47Uh fake Massachusetts ID confiscated.

41:5018-year-old female in possession of an

41:52alcohol uh mango margarita. New York

41:55fake identification confiscated.

41:5818-year-old female in possession of an

42:00alcohol watermelon margarita. New York

42:02fake ID confiscated.

42:0518-year-old female in possession of an

42:07alcohol cucumber margarita. New York

42:09fake ID confiscated.

42:1219-year-old female possession of a

42:14original alcohol margarita. New York

42:16fake ID confiscated.

42:1920-year-old female in possession of an

42:21alcohol pinina colada.

42:2519year-old female possession of an

42:27alcohol raspberry margarita.

42:3020-year-old female possession of an

42:32alcohol original margarita. 19-year-old

42:35female in possession of an alcohol

42:37original margarita.

42:3918-year-old

42:41female in possession of an alcohol

42:44pinina colada. Missouri fake ID

42:47confiscated.

42:5017-year-old female in possession of an

42:52alcohol pinina colada.

42:5518-year-old female in possession of an

42:57original alcohol margarita. New York

42:59fake ID confiscated.

43:0118-year-old male in possession of a 12

43:04ounce corona fake New Jersey ID

43:07confiscated.

43:09The acting manager was advised by

43:11officer Harrington of the violations.

43:13The business will receive a notice to

43:14appear before the license commission.

43:16That is all I have.

43:19>> Councelor, very briefly, Mr.

43:21Commissioner. Um, Officer Harrington,

43:25according to the report, uh, the the

43:27unit came into the restaurant

43:31uh, and observed these individuals uh,

43:34seated at tables with these alcohol

43:37beverages uh, in front of them. Is that

43:39right?

43:40>> Yes. Either either seated at the table

43:41or some were moving about the

43:43restaurant, but the majority was uh,

43:45seated at the table with alcohol either

43:48in their possession or within uh, close

43:50proximity of their possession. So you

43:52didn't you you didn't observe in the

43:54manner in which these people were served

43:58their margaritas uh in the one Corona

44:00beer that night. Is that right?

44:01>> From the from the staff. No.

44:04>> So in other words, if if the staff

44:06servers had in fact asked for proper ID

44:10and carded so-called carded the

44:12individuals before they served them, uh

44:14you didn't observe that, did you?

44:17>> No. So you'd have no quarrel with the

44:19representation that the server did in

44:22fact card each of the individuals uh and

44:25ask for identification before serving

44:27them the alcohol that night. Is that

44:28right?

44:29>> That's correct.

44:29>> Okay. I have no question.

44:32Is there any other testimony? There

44:34would be testimony from um Mr. Paulino

44:38the server first. Mr. Paulino, can you

44:42identify yourself for the record?

44:44>> Okay. Good morning. Just pull the

44:47microphone. You don't you don't have to

44:48speak. Just pull the microphone. Make it

44:51easy for you.

44:52>> Yeah. That night

44:54there was no manager standing in

44:56>> the chair. He needs to

44:57>> You need to pull up a little bit so you

44:58can

44:58>> Okay. Just pull the microphone towards

45:00you.

45:00>> Just pull move it. Yeah.

45:03>> Thank you. That that one no manager that

45:06that night I I was like manager,

45:11assistant and also servant too. So, but

45:15I did uh check everyone ID, but many

45:20young people have the out of state IDs.

45:27>> So, can I ask you how many years have

45:28you worked as a server or a waiter at

45:32the Excali Grill here in Worcester?

45:35>> Four years. Okay. And have you worked

45:37there ever since the the restaurant

45:39opened?

45:40>> Yes, but like the chef.

45:43>> The chef. Okay. Uh just the the

45:46restaurant opened

45:48about seven or eight years ago. Does

45:49that sound more familiar that seven or

45:51eight years ago you've been working

45:52there?

45:54>> Yes.

45:55>> And you're fully tip certified

45:58currently, Mr. Paulino. Is that right?

46:00>> Yes.

46:00>> Did you bring it current TIP

46:02certification with you for the

46:03commission to review if they would like?

46:07>> Yes. Well, for the record,

46:09>> we'll take it at your word, counselor,

46:11that you're verifying that it's tip

46:12certified. Thank you. And you you you

46:15began to tell the commission that at

46:16that night the the manager uh was not at

46:20the restaurant and therefore you were

46:23working both as the manager, assistant

46:26manager and the main server for this

46:29group of individuals that came into the

46:31restaurant. Is that right?

46:32>> Correct. Okay. And since this this

46:37incident occurred, um do you know what

46:40management has done to correct the

46:42problem uh with the current manager at

46:46the time of this incident?

46:51C

46:51>> can you repeat please?

46:52>> Yes. Do you know what the management has

46:54done to respond to the problem that

46:58occurred last month when the manager was

47:01not on duty and you were acting both as

47:04the manager and the server for this

47:07large group of individuals? What what

47:10has what has management done since then?

47:13>> Regarding this manager,

47:18>> I'm sorry. I I don't understand that.

47:20>> That's fine. We I can ask Mr. very real

47:22about it.

47:22>> Are you asking me if the manager is

47:24still working as the manager? That's a

47:26question to

47:26>> correct. I do you understand? Does the

47:29manager still working there?

47:32>> The general manager

47:33>> the manager that was Yes. The manager of

47:35record back a month ago when this

47:37happened, Mr. Fernandez, is she still

47:40working there?

47:40>> Excuse me, C.

47:41>> No.

47:42>> Does he need translation?

47:43>> He he understands mostly, you know, he

47:45said he was okay with it. So,

47:47>> and Mr. Brambiel is going to do that.

47:50>> It's okay.

47:51>> Yeah. Does Miss does Miss Hernandez, the

47:54manager at the time that this happened,

47:56does she still work at the restaurant?

48:00>> No.

48:03>> Did you in fact ask for identification

48:06from each of the individuals listed in

48:11the report that night?

48:17>> Can Can I play Spanish because my

48:19English? Yeah, that's fine.

48:22>> That's fine. Okay. Did Did you

48:25>> Did you in fact ask for identification

48:29from each and every one of your

48:31>> Excuse me. I don't mean to interrupt

48:32you. It would be would he be more

48:34comfortable if we this in Spanish and we

48:37interpret it. Is that be more

48:38comfortable for Mr. Paulino feel more

48:40comfortable doing?

48:41>> Yes.

48:49>> Yeah. Commissioner Cruz will interpret

48:50the question.

48:51>> What was the question?

48:52>> Question was, did you in fact ask for

48:56identification from each of the

48:59individuals listed in the report that

49:01night?

49:12see

49:15>> yes that he did provide um ask for each

49:18one of them for

49:20question

49:21>> Mr. Bramila. Uh, state your name for the

49:24commission, please.

49:25>> My name is David Brownila.

49:26>> Just pull up.

49:27>> You just move it over.

49:28>> Yeah, my name is David Brambila.

49:30>> And along with your father, uh, have you

49:33been the owner of Mexicalei Cantina

49:36Grill uh, since it was purchased some

49:40eight or nine years ago?

49:41>> Yes.

49:42And do you have a policy in place

49:46regarding

49:48requesting identification for anybody uh

49:51that asks for uh to be served alcohol

49:55inside your Mexican restaurant?

49:57>> Yeah. Every server and bartender is

49:59supposed to be or supposed to be it's

50:02policy to have tip certified education

50:05and how to serve and how to ID and uh

50:09that's

50:11you know we've been in restaurant

50:12business for many years. So that is

50:15that is what we live by and that's what

50:17we know is always ID. Um

50:20>> you you got to speak a little louder.

50:22>> Oh wow.

50:23>> Okay. I'm sorry.

50:25>> Don't be sorry. Just

50:26>> no I thought I was clear. All right. Uh

50:28yeah. So every server bartender is

50:30supposed to be tip certified, know the

50:33knowledge of how to serve when um also

50:38uh check IDs uh younger

50:42um you know

50:4525 or younger you know based on

50:49um

50:52I mean that's just policy all around in

50:54the restaurant business is tip certified

50:55and always ID that's what we've been and

50:58and uh that's what I know.

51:01>> And you you and your your father owned

51:04several other Mexalei grills in the in

51:06the in the Worcester County area.

51:08>> Yes.

51:09>> And was there a a little bit of a a

51:13difference in the clientele that comes

51:16to the city of Worcester's Mexicalei

51:18grill on on these Thursday nights as

51:21opposed to the suburb uh Mexicalei

51:24grills? Yes, this is uh so we're just

51:29we look like a corporation, a big

51:32business, but honestly we're just a

51:34family business. So this is uh very

51:36we're very

51:39family unit. So we always uh honest with

51:43the community and honestly there's been

51:45moments where you know you just know you

51:48know the community and you know the

51:50family growing up. So, I've seen uh

51:53families grow up and it's kind of like

51:55the the town community I I'm used to.

51:59So, this is uh

52:02let's say

52:05uh whole different ballgame, let's say,

52:08with what's presented to us on the the

52:12report of all these, you know. Well, is

52:17it is it more unusual that you have

52:20>> college age children, college age kids

52:24coming into the restaurant in Worcester

52:26as opposed to what you're used to in the

52:28in the other restaurants in Holden and

52:31Spencer and in Webster.

52:33>> Yeah, we usually

52:36what we do is tip certified presentation

52:39in person. And we do it to all the staff

52:42and then from there we just know how we

52:44get education how even check fake IDs

52:48you know what to look for and that's

52:50what we've known for years and that's

52:52what we do just on educating how to

52:56check IDs.

52:57>> Okay. Well, since this incident occurred

53:00last month, what have you and your

53:02father done to correct the problem with

53:06these outofstate IDs that are being

53:08presented?

53:10>> Well, I'm not going to lie, we never had

53:13scanners before. We always got educated

53:16by the teaching that we have and how to

53:20check the back. Um, so as of what's

53:24happened then, uh, we've actually even

53:28put and specifically like

53:31Thursdays, I don't even know how

53:33Thursdays came about, but we started

53:35since the incident had like a door man

53:38kind of thing, which is kind of

53:40uncomfortable because it's a family

53:41restaurant. It's not a a club or

53:44anything like that, but I don't know how

53:46else to cause the attention of

53:48doublechecking IDs. But then since then

53:51uh even scanners which is honestly a

53:56policy as of now in Worcester because

54:00we've never had incidents like this

54:01before. Um from

54:04>> putting in place scanning machines to

54:06detect

54:07>> Yes.

54:07>> out of state out of state licenses.

54:10>> Yes. Um because as of

54:15Yeah. I mean it was Yeah. I mean it's

54:18it's a dra it's very drastic

54:22measure but it's a necessary measure to

54:24do this because that's the only way to

54:28you know uh these IDs these fake IDs

54:32yeah we need support technical support

54:36not just as of what we see but of what

54:39the truth is so

54:41>> now back at the time that this incident

54:42occurred were you having some managerial

54:45issues with the uh manager of record.

54:47Mr. Hernandez.

54:49>> Uh, yes. Uh,

54:53yes.

54:54>> We So, basically the night of this

54:55incident, was it understaffed by by

54:58management?

55:00>> Yeah, we were still in a transition

55:04um since she was let go. We were still

55:06in the transition of

55:08uh in the manager standpoint. Yeah. And

55:11as a result of her not taking her

55:14managerial duties as seriously as you

55:16thought she should be, what did you do

55:19regarding her employment at the

55:22restaurant last month?

55:24>> Yeah, we had uh terminator.

55:26>> And have you been before this board uh

55:29with a new uh proposed manager

55:31application uh in the last two weeks?

55:34>> Yes, we have. And the new manager is she

55:37uh tip certified and certified under

55:40three different uh alcohol serving uh

55:43certifications.

55:45>> Yes. And and uh she's worked with us

55:47before in other locations. So she's very

55:50wellnowledged about

55:52um tip certification, ID checking,

55:56etc. All the um bartending experience

55:59with amount of alcohol.

56:02Um, and because Mr. Paulino

56:07didn't catch these IDs that evening at

56:10at the restaurant, uh, did you take any

56:12type of, uh,

56:16act action from a management point of

56:19view to make sure that this doesn't

56:22happen again with Mr. Paulino?

56:26>> Sorry. In other words, did you did did

56:28you indicate to him did you give him any

56:30warnings about any particular any

56:33subsequent

56:34>> uh activity where he if he does it again

56:37what would happen?

56:38>> Oh, Mr. Bino. Yeah.

56:40>> Yeah. I mean um even though he's been

56:43with us in the business for as many

56:45years as

56:48that's not really um a secure placement

56:52of the business. So I said if this

56:54happens again he will be let go as well

56:57because me I mean assistant managing at

57:00the time yes

57:03uh it's a it's a help but yet it's a

57:05responsibility. So but it's it's very

57:09responsible of not just taking care of

57:12the business but everyone around the

57:15public. So that's a serious matter. So I

57:18I told him yes he will be let go if this

57:20happens ever again. I have no further

57:23question and

57:23>> Okay.

57:24>> Yeah.

57:25>> Commissioner Fisher.

57:26>> Yes. So, a few things. Um, so I remember

57:29um you coming in to um propose a new

57:34manager. So, are you saying this

57:35incident happened in between

57:38the old manager? Because it sounds like

57:40you're trying to put it on her, but

57:41>> she wasn't there when this happened, the

57:43old manager.

57:44>> No.

57:44>> And the new manager had not yet been

57:49um established. Correct. So, you're

57:52essentially operating without a manager.

57:55>> So, there was

58:00Well, I'm not going to go back in place,

58:02but I'm not putting it on her

58:05um if it feels that way. I'm just saying

58:08that

58:09in the transition of of the new manager,

58:14this this incident or

58:17>> So, it was in between. It wasn't. There

58:19was no manager there at the time.

58:20>> Yeah, there was no manager at the time.

58:22>> Okay, that's I'm just trying to

58:24establish that.

58:24>> Yeah. Yeah, there's no manager at the

58:26time. Not like this happened and she was

58:29like, "No, I'm just saying

58:30>> nobody." There was nobody managing at

58:32the time.

58:34No manager.

58:35>> The manager that the manager that was

58:37there, the manager you had at the time

58:39of this incident took place was still a

58:41manager that was in place. You had not

58:43replaced with the other manager yet. Is

58:45that correct?

58:45>> That's correct.

58:46>> Yeah. That's what

58:47>> the old manager was there when this

58:48happened.

58:49>> Still in charge.

58:51>> She's still the manager of record. She

58:52just wasn't she wasn't she wasn't she

58:55wasn't working

58:55>> because you No, but but you terminated

58:57her prior to this incident. That's what

58:59I'm trying to establish because she was

59:01terminated prior to this happening.

59:02>> No, but the old manager was still the

59:04manager that was there had she was

59:06terminated

59:07>> through the chair. We received the

59:09license commission received an email on

59:11August 10th.

59:11>> She was she was terminated prior to this

59:15incident. So whether she was on record

59:16or not

59:17>> prior to the incident.

59:18>> Yes, she was terminated.

59:19>> August.

59:20>> Okay. Go ahead.

59:21>> There's a couple.

59:22>> So I'm just trying to establish that

59:23because you're you're referencing

59:25>> Mr. Paulina was trying to do the best he

59:26could during this.

59:27>> No, but you're referencing her, but

59:29she's been gone since August. So let's

59:30just, you know, let's just keep it real.

59:32Like you did not have a manager at the

59:34time.

59:34>> Yeah.

59:35>> Okay.

59:35>> I mean, it's Yeah.

59:36>> All right. Cool.

59:37>> That we're just in transition of change

59:39of manager. Yeah.

59:40>> All right. That was my only

59:41clarification. Thanks. Anything else,

59:44>> Commissioner Cruz?

59:46>> Yes. Um, for the chair, so what was the

59:49count of people because there was a lot

59:51of numbers there.

59:53>> 15

59:54>> 15 individuals minus

59:56>> 15 underage.

59:58Uh, the oldest being 20, the youngest

1:00:00being 17.

1:00:03>> Thank you.

1:00:05>> Anything else?

1:00:06>> And um Yes. And when um he was checking

1:00:11the IDs where you checked everybody's

1:00:14IDs.

1:00:15>> I do.

1:00:16>> You didn't see the age?

1:00:19>> So you saw the age?

1:00:20>> No. No. I only had two tables.

1:00:27>> The question was were you checking the

1:00:29IDs?

1:00:30>> You checked all the IDs, but you didn't

1:00:31notice the age.

1:00:32>> Yeah, I did check. So these other

1:00:35numbers were also other tables that um

1:00:38of individuals that were caught that

1:00:40were underage and were being served at

1:00:42other tables, not his tables.

1:00:46>> Out of the 15, there were

1:01:00also 10 fraudulent

1:01:04Okay. So that means that your other

1:01:07servers were not doing their job either

1:01:09checking IDs.

1:01:11>> No, they were checking ID. Everyone

1:01:12checked IDs.

1:01:14>> All the all of the servers checked IDs.

1:01:16There's no question about that. And the

1:01:18officers don't dispute that. We don't we

1:01:20don't dispute it either that someone

1:01:22gave them fake IDs.

1:01:23>> I understand that. But I'm just Okay.

1:01:25>> How did he check the IDs?

1:01:26>> Yeah.

1:01:27>> Excuse me.

1:01:28>> How did he check the IDs? He he checked

1:01:31the IDs by asking for a copy of the

1:01:33front and you looked the front and the

1:01:35back of the IDs.

1:01:36>> Yeah. Yeah.

1:01:37>> And you determined what age was on the

1:01:39ID.

1:01:43Okay.

1:01:45Okay.

1:01:56Google

1:02:07So he's saying basically that he

1:02:08compares he looks at the ID he'll look

1:02:10at the face of the individual and he

1:02:12also check Google to see if especially

1:02:14if they're out of state like New

1:02:15Hampshire New Jersey or elsewhere. So

1:02:18it's a visual scan is is what he's

1:02:20doing. Yeah. Thank you.

1:02:22>> If I may through the commission.

1:02:24>> I'm sorry.

1:02:24>> And if I may through the commission. Uh

1:02:26just a couple qu couple quick things you

1:02:29know as uh MT said about the um

1:02:34termination of the manager which was

1:02:36prior to the uh event as under chapter

1:02:40138 it clearly states that the uh

1:02:42someone on the corporate structure

1:02:44either to bring the president vice

1:02:45president treasurer or something like

1:02:47that takes takes uh the reigns in the

1:02:50meantime. So that individual should have

1:02:53been on scene. Uh whoever they appointed

1:02:55from the corporate structure that was

1:02:56never given to me at no point. Um there

1:02:59was you know we inquired and there was a

1:03:02lot of uh the oversight wasn't there. It

1:03:04was it was a lot of misunderstanding and

1:03:06things like that when I was there. Um

1:03:08they couldn't provide any of that

1:03:09information. Um, in regards to the five

1:03:12without the identifications, the

1:03:14response I got from the uh underage was

1:03:17that they were handing each other uh

1:03:19from different tables IDs and using them

1:03:22at different uh at different tables.

1:03:25So, so one one who would be in uh tip

1:03:29certified would clearly show uh and

1:03:31understand the difference in facial

1:03:34recognition and stuff like that. So if a

1:03:36person five minutes prior showed one ID

1:03:38at one table, they should have caught

1:03:39the fact that it was shown at another

1:03:40table

1:03:42>> and the picture should be different. I

1:03:43mean

1:03:43>> the picture is going to be the same

1:03:44because it's the same ID

1:03:45>> but different person. You're saying

1:03:47correct showing the same picture.

1:03:48>> Correct.

1:03:51>> Is there any dispute that there were 15

1:03:54or more individuals that were underage

1:03:57that were served?

1:03:59>> There's no dispute that there were 15

1:04:00individuals as listed that apparently

1:04:03were served.

1:04:04There's no there's no dispute with that.

1:04:05We stipulate that.

1:04:06>> And that there was no manager that was

1:04:09there on duty at the time.

1:04:12>> Technically, the manager of record was

1:04:14not.

1:04:14>> Well, not technically. Was there a

1:04:16manager on duty there at the time or

1:04:18not?

1:04:19>> As Mr. Paulino indicated, he was he was

1:04:21serving as assistant manager during

1:04:23these couple of weeks,

1:04:24>> but he was not he's not an assistant

1:04:27appointed manager or manager under the

1:04:30uh

1:04:30>> court.

1:04:32Correct. That's correct.

1:04:33>> Okay. So, he was just a server.

1:04:36>> He was just a He was a server.

1:04:38>> Okay. He served at least 15 individuals

1:04:42who were underage.

1:04:44>> Correct.

1:04:44>> Apparently, what happened,

1:04:45>> right? It's it's one incident. I'm sure

1:04:48the board understands that it's one

1:04:50incident, but 15 different people were

1:04:53involved.

1:04:54>> Commissioners, anything else?

1:04:58Sergeant,

1:05:00>> I would just uh offer that again is

1:05:02referenced in officer Harrington's

1:05:04report. We initially became aware of uh

1:05:07the discrepancies at the location by a

1:05:11citizen reporting it to 311 uh that uh

1:05:16they observed numerous youthful

1:05:19individuals. I mean, if it's

1:05:23>> if somebody from if somebody from the

1:05:24general public without any training or

1:05:26possibly any training in tip

1:05:27certifications is reporting to 311, hey,

1:05:30I think you guys need to look at

1:05:32Mexalei. There's a lot of very really

1:05:35youngl looking people down there. Um, as

1:05:39uh

1:05:41Brumbler David

1:05:43>> David is David referenced, it's uh

1:05:47based as a family restaurant. When you

1:05:50have 15 plus individuals all showing up

1:05:53at the same time, uh, kind of like a red

1:05:57flag, why is everybody all of a sudden

1:05:59showing up?

1:06:00>> Lauren, did you have testimony to give?

1:06:02>> Not right now.

1:06:03>> Not right now.

1:06:04>> Okay.

1:06:06Anything else?

1:06:07>> Nothing for me.

1:06:08>> Is there anything else councelor you or

1:06:10your clients would like to say? I I just

1:06:12like to just add I don't want to

1:06:13interrupt if Commissioner Cruz wants to

1:06:15say anything but

1:06:16>> I just like for the chair I just wanted

1:06:18to um

1:06:19>> I just want for what is Mr.

1:06:22>> Paulino Mr. Paulino for him to

1:06:24understand that as you stated as um

1:06:27officer uh stated here

1:06:29>> that the man there should have been a

1:06:31manager on site. So I I want you know

1:06:34that I don't want him to think that this

1:06:36is all on him is all I'm saying.

1:06:37>> I get that. I

1:06:38>> you know what I'm saying?

1:07:19Okay. So I just explained to him that

1:07:21basically the responsibility falls on

1:07:23the owners for them to have a manager

1:07:24inside and they can't just assign

1:07:26somebody and unless they come in and you

1:07:28know do the paperwork through here

1:07:30through commission.

1:07:33>> Any other comments or questions?

1:07:34>> Just very briefly by way of mitigation.

1:07:38Uh there there is no question that they

1:07:42made a mistake that night. There's no

1:07:43question about that. We don't we don't

1:07:45argue with it. My clients have been my

1:07:49clients for over 20 years now and have

1:07:52nine or 10 given the time of the time of

1:07:55the year which the number it is. Very

1:07:59successful restaurants. They're all

1:08:01family themed Mexican family restaurants

1:08:04in in the greater Worcester area in

1:08:06greater Boston area. So they take this

1:08:08very seriously and there was a problem

1:08:11with the manager. They they acted on it

1:08:13by terminating her because she was not

1:08:15performing up to their level uh of of

1:08:18performance. She was being lax and

1:08:21obviously that's probably when these

1:08:23college kids decided that hey Mexalei

1:08:25looks like a good place to to hang out

1:08:27on a Thursday night. It's very very

1:08:30untypical of the kind of clientele they

1:08:33have. So that's why Mr. Bria and his

1:08:35father took the action they did to

1:08:37terminate her. and you've had been in

1:08:40business here at the city of Worcester

1:08:41which obviously has colleges and and

1:08:44younger kids wanting to have a cocktail

1:08:46on a Thursday or Friday night and

1:08:48they've never had a problem you for nine

1:08:50years being here uh until now and what

1:08:53they did was address it immediately

1:08:54commissioner by terminating this lady

1:08:57when things were not doing well and she

1:08:59was not performing what she needed to do

1:09:02and unfortunately they were in that

1:09:04transition of getting the new manager in

1:09:06place and something like this happened.

1:09:09So, you know, we do believe that we've

1:09:12done everything we can to mitigate the

1:09:14issue. You can they've taken the

1:09:16precaution to get scanning machines so

1:09:18that this instate and outstate license

1:09:21issue doesn't blow up uh in their face

1:09:23again. Um, and I think they've done what

1:09:26they need to do to make sure that they

1:09:28don't come before you again. The new

1:09:30manager is going to be installed within

1:09:33the next couple of weeks. According to

1:09:34my communication with the ABCC

1:09:36investigator, everything looks like it's

1:09:38in in place and there should be an

1:09:41approval within the next few weeks. Uh

1:09:44but we ask you to consider their track

1:09:47record over nine years and the fact that

1:09:49this is a Mexican family restaurant.

1:09:52That's been the theme through all of the

1:09:53eight or nine restaurants in the other

1:09:56parts of Wester and Boston that they've

1:09:57operated. And we believe that he Mr. So

1:10:02Paulino did what he thought was right.

1:10:03He carded everybody like he's supposed

1:10:05to, but he definitely missed it that

1:10:07night and it probably was a, you know, a

1:10:11result of not having the manager

1:10:13properly on duty and it falls, you know,

1:10:16in his lap. Um, and they just missed it.

1:10:18But the scanning machines are now in

1:10:20place. They're not going to look at

1:10:22outofstate resident licenses without

1:10:25either scanning them first or simply

1:10:27just prohibiting them and telling we're

1:10:29not going to serve you if you have an

1:10:30out ofstate license. So that's the

1:10:32policy going forward for the Worcester

1:10:34location because of the fact you have

1:10:36your college age kids in the city where

1:10:40you don't see that in their you know

1:10:42suburb restaurants like Holden Spencer

1:10:44and Webster. So with that in mind, you

1:10:46know, we believe that they there's some

1:10:48some leniency might be in in order for

1:10:51this 15 violations technically, but we

1:10:54all know it was one incident. It

1:10:56happened once. Um it just happened to be

1:10:58a a good number of of of young men at

1:11:01the table that night. And so we believe

1:11:03that given their history, given what

1:11:05they've done to correct the problem and

1:11:07what's going on with the new manager

1:11:08coming in who has very sophisticated

1:11:13uh tips and uh specialty alcohol serving

1:11:17certifications. Uh she's going to work.

1:11:20It's going to be go very well for this

1:11:22restaurant going forward. And that the

1:11:24proper remedy at this point we would

1:11:27suggest would be uh to give them a

1:11:29warning for this first real violation

1:11:31that they've had. in nine years and and

1:11:34allow them to put that new manager in

1:11:36place in the coming couple of weeks and

1:11:38try to get back on the right track so

1:11:40this doesn't ever happen again.

1:11:41>> Um, can I just Sorry, I I don't think

1:11:45this is the first violation in nine

1:11:46years.

1:11:48>> They had a violation in June of this

1:11:50year.

1:11:51>> Yeah, there was a violation in June.

1:11:53>> In June, I'm not I'm not just not aware

1:11:55of it, but it might have been tip

1:11:56>> for tips. It was tip certification. my

1:11:58my client tells me that

1:12:00>> right was a violation of

1:12:01>> t and and that server obviously became

1:12:04got his current tip certification

1:12:06immediately.

1:12:06>> Anything else? Well, I just want to add

1:12:08real quick because I know we we keep

1:12:09talking about the managers, but I still

1:12:10think it was a responsibility of

1:12:13ownership to step up and make sure that

1:12:16void was filled during the time you fire

1:12:20somebody and hire somebody because there

1:12:22was still you know there was still I

1:12:24don't know two months of no manager.

1:12:28>> No question about that.

1:12:29>> No.

1:12:30>> Okay. Anything else?

1:12:32>> I mean I was just saying based on like

1:12:34that

1:12:34>> microphone talk.

1:12:36>> Yeah. just on that first incident about

1:12:38the tip certified

1:12:40the manager that night also was not

1:12:43there and she was working at that time.

1:12:47That's why like this incident is that's

1:12:50why I'm trying to like to connect both.

1:12:51>> No, no, no. But I'm just saying like

1:12:52this is your you know you're you're

1:12:54ownership. So and yeah, kudos to you for

1:12:57firing somebody if they're not

1:12:58performing but at the same time you have

1:12:59to step up and fill that void if there's

1:13:01no manager. You don't

1:13:03>> you don't So we keep blaming the old

1:13:05manager leaving. That's great. You know,

1:13:06whatever happened there, you she's gone.

1:13:09But in the interim, you still have a

1:13:11responsibility to make sure that things

1:13:14are, you know, being

1:13:19>> things are good. We

1:13:20>> appreciate that. We appreciate that.

1:13:21>> That's I was just That's what I was

1:13:22trying to explain is the transition of

1:13:24manager. That was all I was trying to

1:13:26explain. And yeah, I was supposed to

1:13:28fill in that role, not him. I understand

1:13:30that. I was saying is based on the

1:13:33incident prior as well. based on no

1:13:36manager when there was a manager on

1:13:39duty. That's that's what I'm trying to,

1:13:41you know, since I'm not trying to bring

1:13:43up that incident, but

1:13:44>> No, but you're not helping yourself

1:13:46right now because by saying there was no

1:13:47manager, it sounds like the incidents

1:13:49happen when there's no manager. So, I

1:13:50think it's your responsibility to step

1:13:52up when there isn't a manager.

1:13:56>> All right. Anything else?

1:13:57>> Uh through the chat to uh David, you

1:13:59said you've now instituted a scanning

1:14:02system. Is that a databased scanning

1:14:05system or just something that uh looks

1:14:08at takes a picture of the license and

1:14:11>> scanning

1:14:13just

1:14:15a database? It's just

1:14:17>> so how does it verify if the license is

1:14:20good or not?

1:14:23tells us

1:14:27>> well something with a d a scanning

1:14:29system that is like databased that uses

1:14:32databases to uh verify the validity of

1:14:34it would pop up that it's a fraudulent

1:14:37or fake ID but uh what what ser how does

1:14:41your system

1:14:42>> when you mean database like to to you

1:14:44guys or like a computer system or

1:14:48>> Yeah. If I come in and I'm underage and

1:14:51I present to your server a fraudulent

1:14:54identification that you say you now have

1:14:58use a scanning system

1:15:02that fraudulent uh ID you put it through

1:15:06the system how is your system

1:15:07determining that it's a fraudulent

1:15:09identification it tells us

1:15:13but

1:15:13>> how how is it based like

1:15:16what system are you

1:15:21It's just a machine.

1:15:25>> Like you just take a picture of the

1:15:26thing and check for the security feed,

1:15:28but it doesn't tell you whether or not

1:15:30it's a

1:15:30>> I'm happy to bring it myself. So,

1:15:34>> yeah, we can stop down and check it out.

1:15:35>> Yeah, I'd rather I'd rather do that just

1:15:37to have it more clear.

1:15:38>> Okay, I'm bring this to a conclusion.

1:15:40>> Yeah, I'd rather bring that to you just

1:15:42>> we can stop down.

1:15:43>> Yeah. Yeah.

1:15:44>> All right. Anything else before I

1:15:47conclude this hearing.

1:15:48>> Nothing further.

1:15:50>> Okay. Based upon the reports of the

1:15:53police department, based upon the

1:15:55testimony that was presented here by Mr.

1:15:58Paulina or Mr. uh in your comments

1:16:01regarding that uh this uh situation of

1:16:0515 individuals did occur that there were

1:16:08underage uh drinkers that there were

1:16:11fake IDs that were presented for it. I

1:16:14find that the violations as alleged uh

1:16:17did occur and I make a motion to that

1:16:19effect.

1:16:20>> Second.

1:16:20>> Commissioner Cruz.

1:16:21>> Yes.

1:16:21>> Commissioner Fischer.

1:16:22>> Yes.

1:16:23>> Shigley.

1:16:24>> Yes. With regards uh the penalty for the

1:16:27violations. Commissioner Fischer.

1:16:30>> Commissioner Cruz. Any comments?

1:16:36>> No comments.

1:16:37>> No.

1:16:37>> Okay.

1:16:39My recommendation to the board would be

1:16:41that we suspend a license for 10 days

1:16:43with five days to serve. Um, so that's

1:16:47my recommendation.

1:16:51>> Second.

1:16:51>> Second.

1:16:52>> Commissioner Cruz.

1:16:53>> Yes.

1:16:54>> Commissioner Fischer.

1:16:55>> Yes.

1:16:55>> Chief Iglotti.

1:16:56>> Yes. And I would tell you that um

1:16:59>> would that be five consecutive days, Mr.

1:17:01Commissioner?

1:17:02>> Um,

1:17:04>> wouldn't this occur?

1:17:06>> We can do five consecutive. We can do

1:17:08five. What days does this occur on?

1:17:10>> The incident date was on a Thursday

1:17:12night.

1:17:13>> Are you open seven days a week?

1:17:19>> Yes or no?

1:17:20>> Are you open seven days a week?

1:17:24>> It's not a short question.

1:17:25>> No, but you think I think they're doing

1:17:28something on Sundays now.

1:17:29>> Yeah. Ever since the incident, I started

1:17:31closing Sundays more for the families,

1:17:34for ourselves, for everyone. It's a

1:17:36reminder of like that we're even to our

1:17:38staff that we're a family restaurant. So

1:17:41I I started dec I did the last so six

1:17:45days is what we're open as of now. So I

1:17:47started closing Sunday.

1:17:48>> So you're no longer open on Sundays?

1:17:50>> No, I I made that decision as more for

1:17:54the restaurant itself.

1:17:55>> The

1:17:57five Thursdays.

1:17:59>> So I started closing.

1:18:00>> I mean it's up to Do you want to do five

1:18:01Thursdays or do you want us to It's

1:18:04>> We're Yeah.

1:18:07Do you want to serve alcohol?

1:18:08>> We're helping you with a little

1:18:09mitigation here. Five Thursdays or you

1:18:11could do five straight days. Which ones

1:18:13do you want?

1:18:14>> No, I'll do Thursdays.

1:18:16>> Five Thursdays.

1:18:17>> Five Thursdays.

1:18:18>> Look, there's a reason why I even have

1:18:21>> Well, if I could do Look,

1:18:22>> it's just a mission. We're just We're

1:18:24giving you We're giving you an option of

1:18:27if you want to be closed five Thursday.

1:18:29>> Actually, it might take long. I kind of

1:18:31want to just get this past us. So maybe

1:18:32five five consecutive consecutive days

1:18:35and obviously

1:18:36>> just to get this passed. Yeah,

1:18:38>> it'll it'll it'll it'll do what it has

1:18:39to do.

1:18:40>> Okay.

1:18:40>> Yeah. Five consecutive days just to

1:18:44>> uh through the chair the October 19th

1:18:46through the 23rd.

1:18:48>> October 19th through the 23rd.

1:18:50>> 23rd. So those okay.

1:18:52>> Yeah. Just

1:18:54>> you had good counselor. He advocated

1:18:56very well for you today. But

1:18:58unfortunately the incident uh outspeaks

1:19:01>> no

1:19:02>> uh the situation.

1:19:03>> I understand.

1:19:04>> I would advise you to meet with Sergeant

1:19:06Needam. There's some very good scanners

1:19:09that are used by a few places in

1:19:10Worcester. Talking about the White Eagle

1:19:12scanner, right? He can put you on to

1:19:15that scanner to help you avoid uh this

1:19:18situation here. And we understand

1:19:21college kids come with the fake IDs. Uh

1:19:24but it's your responsibility and

1:19:26responsibility falls upon

1:19:28>> the manager and you as the owners of the

1:19:30property.

1:19:32>> So

1:19:33talk to him, get the scanners. Thank

1:19:35you, council.

1:19:36>> Yep. Thank you.

1:19:37>> And the last thing you want is you don't

1:19:38want a reputation. Somebody call 311 and

1:19:42you don't want a reputation that your

1:19:43restaurant's going to become a hangout

1:19:45for

1:19:46>> That's clearly not what they want. Not

1:19:47after 20 years of doing this. Let the

1:19:50public

1:19:50>> call. Yeah. That's not That's not good.

1:19:54>> All right. Thank you. All right. Thank

1:19:55you.

1:19:55>> You're welcome.

1:19:56>> All right. Any uh

1:19:58>> any old business?

1:20:01>> Any old business? Any new business?

1:20:05>> No new business.

1:20:06>> Motion to adjurnn.

1:20:07>> Second.

1:20:08>> Second.

1:20:08>> Cruz.

1:20:09>> Yes.

1:20:09>> Commissioner Fisher.

1:20:10>> Yes.

1:20:11>> Chair Vladi.

1:20:12>> Yes.

1:20:13>> Just a question. How do