The following is a transcript from part of the June 22, 2014 Board of Selectmen Meeting. For other parts of the meeting, click here.
7:53 p.m. – Following the Pledge of Allegiance, there was nothing on the public forum and the board went straight to a decision made by the ABCC recently regarding Evviva Cucina serving alcohol to a minor.
Chairwoman Andrea Peraner-Sweet said that the town has local policies that need to be followed despite what the ABCC did, requiring a three day suspension of the business’ liquor license.
Evviva Cucina co-owner Kevin Harron said that his son and co-owner, Nicholas Harron, could not attend due a new child.
Harron said that the employee who served the alcohol was fired and they were apologetic.
Selectman Kelly Ross thanked Harron for his apology and candidness, but said that there was no reason to deviate from the town’s normal policy, even if the ABCC overruled the punishment from the Selectmen.
Selectman Don Siriani agreed with Kelly Ross.
Peraner-Sweet asked if the suspension could be spread out after three separate days, which the board agreed to.
Although the board discussed the potential overturning of the penalty by the ABCC, Selectman Jim Sullivan said that even if the ABCC overturns the Selectmen’s penalty, if Evviva Cucina has another violation, it would still be seen as the second violation issued by the town, with added consequences.
Peraner-Sweet asked Harron which days would have the least impact on Evviva Cucina’s business.
Harron said that the business was valuable to the community and he and his son felt that this was a case of double jeopardy and that the ABCC hearing was fair and the penalty was already made.
Peraner-Sweet then asked the other Selectmen whether or not the board should wait to levy the penalty until hearing back from the ABCC.
Town Manager Jodi Ross said that normally the town would not notify the ABCC, but that the business owner would appeal the ruling to the ABCC.
Harron noted he would appeal the ruling.
The board then said that Harron has thirty days to appeal the three day license suspension. That suspension will be held in abeyance for thirty days until a decision is made by the ABCC to allow the Selectmen’s three day suspension or if Harron decides not to appeal.
Kelly Ross then made a motion that the dates of the suspension would be made at the board’s first September meeting, pending results of the appeal or an overturning of the Selectmen’s penalty.
However, regardless of the outcome, any future infractions would be seen as a second infraction.
Selectman Don Siriani explained Massachusetts General Law regarding the issue.
The motion was unanimously approved.
8:08 p.m. – The board then discussed the issue of the same sting on Westford Market on Carlisle Road.
The ABCC issued a warning to Westford Market for their violation, which was the first in 17 years.
Siriani said he was interested in hearing from Ramila Patel, the manager of Westford Market.
Patel talked about the decision and said it would not happen again.
Like with Evviva Cucina, the employee that sold the alcohol to the minor was terminated from his position.
The board then duplicated its motion made to Evviva Cucina, which was unanimously approved.