thirty for showcase live at patriots place one at eight thirty for bar louie's at patriots place in one of nine thirty for the foxboro mandarin located at three sixty one central place st we also have a request for a an extension of hours from showcase live from one a m to two am on new year's eve that was leftover from the last meeting that we had and we wanted to put it in context to the public hearing that we're having tonight so and because they are public hearings the public is welcome to speak so we'll open it up we'll hear from foxborough representatives will hear from the different establishments we'll do the discussion and then we'll open up to citizens and s citizen input into law public if they have something to say typically we have the microphone over there we did move them to the table so when we invite to the public if you want if you if you don't mind you're comfortable coming to the table to speak into the microphone so  seven thirty the first public hearing is there like a violation of the showcase live at twenty three patriots place and the manager is joseph norman if you could read the notice into the record notice is here by given that the board of select will conduct a public hearing on monday nov fifth two thousand and twelve at seven thirty p m in the town hall meeting room forty south street foxboro massachusetts pursuant to its licensing authority in accordance with massachusetts general laws annotated chapter one thirty eight sections twenty three sixty four and sixty seven and all amendments there to the purpose of the hearing will be to review and discuss information concerning alleged violation of chapter one thirty eight that occurred at the showcase live twenty information for the first time this evening in the packets a rather lengthy survey looks like a family through it and didn't do our homework it's intentionally that way that we may hear this for the first time and solution consistent with the board's policy that's aleutian typically involves an admission of the violation and a some sort of action by the board consistent with your policy the advantage of that establishment is willing to do it and in this case this is a first offense there are no other offenses within your three year window in your regulation that's important remember just to violations that come in front of us with it with respect to the regulations but is there anything that we're not aware of that is kind of fun of the state that has not come and if it's coming from the state it's not it's not subject of any action from us anyways and there may be but we wouldn't bar owner basically comes back in after the brief caucus and indicates the board whether he wants to go forward with a full of an entry hearing or whether he's interested in making an offer to the board with an admission of guilt which is entered into the record as the after you've been sworn in and any witnesses describe basically what happened and then we take a brief recess so i can chat with counsel counsel and make a statement well let's  let's do this and i know and i did to the table if you could just take a seat back there and let's listen to the representatives of fox for a police let's hear what they have to say and then for your discussion just was just so the council knows mr chairman the full pursued the full will ask questions either during the hearing or at the conclusion of that you'll be allowed to present witnesses in your own behalf i'll be allowed to question them on behalf of the board or the board that was going to as the room question following presentation what they're finding is and what their decision is in terms of any of the generally the more lengthy perceiving that we would follow then sort of working something out i appreciate that mr peck us and mr chairman  i fully appreciate that the board needs to follow a process here i think on behalf of national museums and showcase live and i appreciate that the board doesn't have all the facts before them  know i think it probably does make sense for there to be some summary of what what what occurred and at whatever point you in your discretion feel is warranted i would say brief summaries is all th necessary and you probably don't want to rely on my summary best off having it come from those who were involved so but we're certainly i think prepared to offer to follow the course said kevin to suggesting ok fair enough so evidentiary proceeding because that becomes a little bit more formal i think a probative if you're noonan just describe generally to the board what's alleged and it's important to remember this is what's alleged not what's necessarily has occurred usually put the president national notifying them that we're going to conduct such a compliance check in this letter clearly stated that we would do a new operation in which the underage operative would present a valid massachusetts driver's license which identified them as being under age twenty one the reason for this was to make sure that they were a check in for identification and be had the capability of calculating the age of the person attempting to purchase the alcohol on august thirtieth the fox reporter ran a story on this that we're going to conduct such a compliance check on september twenty seventh with the assistance of officer barrett of the state police department a nineteen year old female whose date of birth was confirmed by her driver's license during this explanation i advised her that we were trying to trick anyone anyone else or her age she was to tell them that she was underage twenty one and give her the correct age of nineteen thousand photographs were taken of the  it was conducted to ensure that she had no alcohol in her system prior to this i questioned her and made sure that she had never been to any establishments in foxborough which she said she has not and she also stated that she never drank alcohol or purchase alcohol within the town of foxborough the night in question we want to showcase live prior to that i purchased two tickets for the event because it's all ages show upon entering the establishment and present in the interested in coming back and making an offer to the board and polluting an admission of guilt of that basic facts that if that please the board discussion with the board can we ask a question about the circumstances at this point you should know because now you'd be getting into the evidentiary hearing and you really it would be tainted if you were to do that and depending upon what the decision you would make one suit  on review it's basically if you want to hear an offer and are interested in making one and it's going to be sort of cut and dry with no more than what you just heard and if they're not interested or you don't like the offer you have every right to go back to a full blown hearing where they have all their rights as well the full hearing in which case you won't have a lot of down time unfortunately let me ask a part of the process has been and should be you know that if there's an admission and then we move on and then there's a consideration of penalties part of that process should be what steps are going to be taken so this doesn't occur again what part do you see that coming into this evening's that's going to the council will tell the board it's my understanding certain actions have already taken place and he will describe those for you and then make it basically it's their offer to the board it's not our offer it's to their offer to the board mildly job is to advise him what typically the board's done in the past in these sorts of situations and and they sort of make a decision if that sounds like something they're willing to offer you and if that takes care of it fine if it doesn't then you go full back to the hearing you sounds like you're all comfortable with this process so when we take a fifteen minute break we'll come back at you for five past eight and frank is there something you can put on the screen for the people that might be watching at home any contest of that and then some additional sanctions that amount to a suspension which are unusual but that's because this is not a regular bar lounge we were you going in sort of this is only open for events so it has to be done in a different way and he'll make an offer to in a minute i will report to you that the chief and i have reviewed that gone over with him in detail and we would both recommended to your attention with that mr chairman counsel establishment which is run with professionalism and violations and potential violations are taken with utmost seriousness joe norman since since the initial opening of this facility in two thousand and eight there was as was referenced one violation within a month of opening more than four years ago since joe has been on as manager of record there have been none and he takes that  sergeant and the chief and he determined as is fairly obvious that the problem arose at the door at the point of entry that employee who he was able to determine was working that evening was promptly terminated and that led to an internal review and consultation with the chief as to what could be done to avoid this in the future and so what occurred and it's somewhat human nature is if you were to make a mistake at the door and card someone that is under age and in fact proper protocol was followed the individual was carted but there was just a mistake and the at the point of service that wasn't questioned so that needs to occur and joe has ensured that it is now procedure among all staff so anyone who appears under the age of thirty is carded at the point of service in addition to at the door that should while not being one hundred percent effective we cannot guarantee it should eliminate that and that is the goal of national amusements so so that is where we're at in addition i think it's important to note joe did instruct all staff to attend a refresher course which was undertaken last week  and the venue also hosted the assistant district attorneys alcohol awareness course which was previously scheduled and they they they do take this issue very very seriously so i want to impress upon the board  context where joe has addressed the consequences with his staff to eliminate this likelihood from the future and because of the special event nature of the contractual obligations which he has to undertake just the suspension would be for two events and it would require early says sation service of alcohol at two events  one of which could be if the board shows for the new years event which is planned which is also before you for the next matter at which we were prepared to request an additional hour of service we would instead simply request an additional additional half hour of opening an hour of opening with no extension in for service of alcohol so if that make if i'm making myself clear the two events at which alcohol service would member of the board it was a little bit labored to come to the so gesturing to put before you because it's the nature of this business that they don't operate like a regular restaurant or bar with bar service they're only in operation when they're having an event so cancelling you know a suspension means canceling event puts you know that would be an event that's already booked  presumably because it be no way to cancel event this not yet happen cancellation of an entire event is a much much harsher financial impact then would be a one or two or even three night suspension of a regular bar for that reason we had to sort of do something hybridized here to put before you that's why this is a bit unusual and i didn't realize that i had to get a little education myself you probably know how the business operates better than i do the only other thing  cooperation with the police department in all instances here for every event and in fact police staff are present at all events between two and and five officers are always on duty so unlike other establishments there is always a police presence here in addition to private security thank you you finished with the presentation yes i'd like to open it up for the board for discussion and also because this is a public hearing that maybe people that want to speak as well leave it up to the board you want to discuss it for a while or do you want to let incident that we're here before you for yes we would have requested and we did in fact request an additional our right to do yes and as a consequence of this would remain open and in a sense it is a responsible thing to do but because it keeps the establishment open it keeps people there so you would stop selling at the normal time like quarter of one else if  if the board was an animal to do that then thirty would be the normal last call and twelve fifty five would be drinks off the table so the last hour and five minutes of whatever was happening would be without the accompan ent of alcohol that's basically the change was ordinarily if the board granted this would be one thirty last call one fifty five drinks off the table if we ok right so if you if you agree to this  offer then it's they're staying open that extra hour but not with liquor and linda the purpose here we did not feel and obviously we have to we want to take responsibility for this incident at the  same time this is regular business this was granted by the selectmen last year but we figure we need to address it with this board and if the board is comfortable factoring that into the potential sort of sanctions then then then that seems to make sense if the board is uncomfortable incorporating that we can certainly just address that separately but it is part and parcel of the same establishment you know doing business here so and then there would be another event which and this other than let's say it's the best the best we could do there is joe has a list of the events but rather than that he would propose one he would review it and the chief would need to be in the chief discretion to approve if that that and that would be over the entire event there would be no louka so i know it wouldn't be like that that would ultimately penalize all those ticket holders who wouldn't be able to have wine with their dinner it would it would mandate early sation of service an hour early so in other words last call it eleven thirty instead of twelve thirty this was if you recall this was that the board has always had discretion to develop and implement their own sanctions and that's always been a part of the regulations with lorraine and david brown's work in the last go around of the regulations for which i was also involved the flexibility has been maintained in those sanctions and one of them is early closure normal vent then they wouldn't have the event but so they're only open when they have an event so if you were to say to them you can serve alcohol for this event that you've already booked and the the penalty falls on the ticket holder more than the business so it and it doesn't make sense the only way that it makes sense is if you take an event that is going to be held and they're forced to roll it back now in our new years and another event then that makes some sense because there's a real loss of revenue there that would have otherwise occurred just like there would be if you close the bar for two or three nights money they would have made there would now not make it so the unblemished record as manager of this establishment for more than four years but if if if this board deems there to be additional sanctions necessary this is what we're prepared to talk to offered the board to consider continue the discussion this is probably beneficial you know there's this four different violations for different steps that you can take depending on the first violation second so just so everyone's clear under the new regulations that you do a party to in lorain and in david in the police chief first violation is a letter of reprimand and or suspension up to three days or both with the optional as with liquor closing hours of twenty three hundred hours which is eleven pm for ten days where the saying that they have not had any violations within the last three years certainly would fall on the first violation so again a letter of reprimand in no suspension up to three days or both with optional liquor closing hours at eleven pm for ten ten days to the discussion  as i think lorraine will remember the the regulations contemplate this is in the context of particularly egregious circumstances and as you can see it's drafted with considerable discretion to the board they may consider the following guidelines these are not these are guidelines they're not you know and the letter of reprimand and or suspension in the alternative it's all given this board considerable discretion but you're absolutely correct  t would there be something in the files and what would a letter of reprimand be anyway in addition to the a letter that lays out what you're really achieving here the fact that there will be some revenue loss as well in order to make the message that the board is serious not part of the two one i would closings and new year's eve that's a real that's that's a real penalty but the real  issue here is the admission of a violation and that's now on the record so now if something happens during the next three years you're on to strike two and much much harsher penalties and that's really the point of this with businesses  first offense is to get it on the record were to go through a complete of an entry hearing maybe would determine it was of a violation maybe a wouldn't they have every right to appeal to a b c c a slam dunk as this may seem it is not always these folks have had really done the kinds of things that the board has imposed on businesses before terminated the employee involved done the education process so it's all the things that you typically want them doing they've already done that  i just had a question if there was any discussion about is there in any type of reader system that is used when you're screening licenses or is it just you know your employee visually looking  joe has has i think this this incident is good in some ways to reinforce training and reinforce policy and i think it's a very good this for this particular establishment and for and for this company so you know they they don't take this lightly although our attorneys in here are tourney fees including this offer there are no attorney's fees in this case but i believe if i remember correctly there was an offer to cover the cost of our offices at how to attend tonight yes that's correct so that the public isn't paying for the tuition to the community it's actually not restitution is just and it's a generous offer to make the towns the taxpayers whole have to very carefully because of because of the way it's definitely a different situation and most were consecutive days whatever and you know in the guidelines it is it's correct with the letter of the file restitution if there was an attorney and you offer or closing early you know it's very difficult for me to grab that concept that you know it's not a certain day or certain event because it's such a different situation i wasn't really aware of that i don't think there's anybody aware that the way it's on the deal the operation so i would go with the decision the town manager and the police chief mate and i i'm ok with that but it just does come up from the board again i don't think i would be too considerate of the difficult hours i don't think mr chairman i don't think i said that i don't want to minimize this i think that want to maybe i misunderstood but serving as someone that's under twenty one when it's you know a little time they flip through this it just seems so obvious you've got the you know was in the newspaper you got the letter the license was you know vertical and horizontal it doesn't get any simpler than that into miss now is to have a teenager come in and be able to buy it you know cutting off an extra half hour it's tough for me to say ok we'll move on and hopefully we don't get the second violation and i understand that you are taking the steps and you know i do the training but at the very least not having a scanner and there are so simple and it was missed how would you not have a scanner and put that on the table as as as number one step to fix  it that's a fair point so you know i think what we can't speak to it this evening joe has been consulting with the chiefs on this and i think he'll be reporting back on whether or not he's going to implement  myself his preference for particular technology is what i'd want to ask of the board is this is something they're certainly prepared to undertake if it's viable with their other policies so say that we are prepared absolutely to implement the scanner but you can certainly expect that joe will be following up with the chief on that on the viability of that  and it is up it would be as part of this offer it would be up to the chief to determine you know that additional event so he would be within his debt to inquire as to status at that time so just so i'm clear the there's two things that you're in front of here tonight for one was obviously the violation and the other one was a request for an extension from one am to two a that's right that's right mr chairman so the other request that is before you is actually a request and  that is to extend operating hours for the establishment until two am without without extending alcohol service and part of the carry over from the first part he would stop the liquor sales serving at twelve thirty that's right in currently what is the the hours that you're allowed to serve there are right there right now they serve them is closing last call twelve thirty drinks off the table twelve fifty five it's about would remain unchanged that another words the request is there be open another hour till two am on new years but still early there be no alcohol for the last hour or so so had we not better for you we would have two additional events at which time joe would be able to serve for a total of two additional hours during during significant special events and years being more discussion and i think before we come up to a conclusion i think someone has to make a motion to act this is their hearing yeah we're not doing this just jam the appropriate motion would be to accept council offer on behalf of showcase live and we will write the these terms up on have lou council special council write this up confer with the council make sure you know the terms are exactly agreed but the minutes will reflect the following of a state that's wrong please correct me that there is an admission of sufficient facts to determine to support a finding of a violation and that there will be no appeal of that decision that there will be a one hour release a station of liquor and an event to be determined by the manager of record and the police chief that the request for a two  opening for new year's eve will be approved but that the current was for a little service will remain in effect i e twelve thirty last fall from fifty five for example table and with lou for ten minutes i don't think there's anything significant here and i don't you'll get a bill lou doesn't usually give bills with ten minutes and there's a letter of reprimand to well this is a letter of this is essentially a letter of reprimand it's a finding of a violation you explain to implement a scanner process other than the cost of it what would be the concerns i just don't know mr chairman so i don't want to you know these guys have a number of different facilities and there's a reason why they do things in certain ways so for joe or myself to say we will absolutely commit to do this here there may be good reason i can identify why it would not be and that's why i acknowledge that you know i know in working with the chief where he wants a particular technology you want something implemented he will certainly inquire with charlie and say why have you or have you not done this you know my concern would be that because especially where it's a mixed function and you could have somebody who's twenty four bringing his nineteen year old girlfriend that you do just for your own benefit i would think a scanner would be something that you would be interested in so that something like this would happen we do not disagree that you can put that i just look we cannot unilaterally implement new policies without there's a there's a whole corporate structure here and so so they they implemented immediate changes based on a says as we've acknowledged and and this will certainly be part of the discussion that will be commenced after we leave here this evening and if if if would like for for joe or myself to follow up with a letter to this board explaining what our conclusion was on this we certainly are not shirking any responsibility there  is we have a hearing in two weeks for the other three what i'm concerned about is trying to find some parity you know last week we had the last issue we had do is two or three days and i know for it for a violation for the first violation and we close them down for two or three days i just don't remember we've got five more after this and i understand it's it's a little bit of an anomaly but a half an hour here and a half an hour there and then we're dealing with five other ones you know let's put this off to the next hearing and you can come back and say you know you considered the scanner and the answer is no because of x y and z reasons or the answer is yes and then we close it at that time i think mr chairman i i appreciate this and i want to be  judicious with my time joe as time but particularly with your time i don't want the scanner to be a stumbling block here the and remember this is an anomaly in the sense that there is a police presence usually multiple police presence at this establishment it every event and that you cannot say about every other establishment that's before you they absolutely have to do the right thing here and so we're not shirking responsibility as far as the scanner goes if there is a reason why it cannot be implemented we will be explaining that to you in writing and i i do  probably want to be doing it on a universal basis not a case by case because frankly the advantage it gives of the business you know is not something that a change in policy like that should be the product of a particular violation it should be the product of this is a decision the licensing authority wants to make on behalf of the community and you you are you have authority to do that through an amendment of your regulations my suggestion of the board is you accept counsel's offer but they will report back in alighting here's what we consider here's what we decided irrespective of what they do in the singular case if the board wants some exploration done about your rights to impose scanners and all that will be happy to do it because my suggestion consequence of it of a single violation hearing you know would really have to get some advice counsel would probably have to have a conversation with a b c c but as a matter of policy i think a lot stronger ground universally applied  if you want that done not as part of this hearing so direct and will will take care of it it's already on the record having stated yeah and the town manager the chief of police that was stated earlier in the minutes motion may second and second more discussion i was in favor of i was opposed bush and kerry is chairman of the board this would probably be the logical time to do to take care of the new year's eve requests since it's it's part of what you just did but you don't actually need a separate motion and that motion will be to allow the two am opening but with no change of liquor sales from current or if you want to state it more explicitly two a opening five liquor sales to cease it's my twelve thirty and all drinks off the table by twelve fifty five and say the way but it does require an extra motion to allow them to stay up until two a m motion was showcased libc to extend its open always to two a m on new year's eve but not to extend alcohol serving hours to remain the same close call last notices here by given that the board of them will conduct a public hearing on monday nov fifth two thousand and twelve at eight thirty p m the town hall meeting room for the south street foxboro massachusetts pursuant to its licensing authority in accordance with massachusetts general laws annotated chapter one thirty eight sections twenty three sixty four and sixty seven and all amendments there to the purpose of the hearing will be to review and discuss information concerning alleged violations of chapter one thirty eight that occurred at the bar louis t thirty two patriot place foxboro massachusetts all interested parties are invited to attend haven't you want to proceed with this one the same way we did shroom instrument if if that is true the board's approval you had a hearing on august thirty first two thousand and ten you know have to check the date in that material we gave you for one and when it occurred and that was all that in a letter of reprimand and a three day suspension ok what do we have from sergeant thank you on september twenty seventh two thousand and twelve one of the direction of police chief o'leary high conducted underage operation of alcohol compliance check of all the in the fox report on aug thirtieth a line in the new policies and procedures the functional police were going to take while conducting these compliance checks this letter in the newspaper articles clearly stated that during the operation the federal police would be  engaging in compliance check in which the under age operative would present a massachusetts valid license that clearly indicates that they are under age twenty one prior to conduct in the compliance check the rules and regulations were explained to the under age operative and the undercover police officer that was present during the transaction during the explanation of the rules and regs was clearly stated that the underage operative would only use her valid massachusetts id which is vertical in clearly states that she's under age on august twenty seventh  after inspecting the identification which clearly states that she's under age twenty one she gave the identification back apologize for the time it took her to look at the identification and apologized again that she was would you counsel and just for the record we did start we didn't call this in to open up the hearing for fifteen almost twenty minutes late was that fine with you we didn't lose any you know ok thank you you i will back from break in both sides foxborough and representatives from our louise had an opportunity to speak in hopefully come to some conclusions but for the record if you could just introduce yourself  here by given that the board of selectmen will conduct a public hearing on monday november fifth two thousand and twelve at nine thirty p m in the town hall meeting room forty south street foxboro massachusetts pursuant to its licensing authority in accordance with massachusetts general laws annotated chapter one thirty eight sections twenty three sixty four and sixty seven and all amendments there to the purpose of the hearing will be to review and discuss information concerning alleged violations of chapter one thirty eight that occurred at the fox for mandarin three sixty nine central manager of the bar louie and to the left of me is bill carter and he's the general manager of the district manager of barley and we've just met with the police chief and  pecos and we're prepared to make an offer as you know this is a second offense in the last three years the first offense just to clarify it was a three day suspension held in abeyance and i know the guidelines for second offense is a three to ten days in we think that we should be a little bit toward the lower end of that range and that's the offer we're prepared to make this five days and the reasons i think are important to get on the record first of all even before this  they're not at least twenty one years old in addition to that they have two police officers there every friday and saturday night starting at ten p m and they've confiscated a lot of phony i d s in the last few years  they've gotten a lot of complaints from people who have been turned away but this thing happened and it happened a little after eight thirty when this miner was served and she was served and she was a minor and that full me suggest to you is that the server the minor came in the server asked for the id she looked at the i d according to sergeant noonan for like a minute and somehow she didn't do the math right or didn't process what she was seeing correctly and she served the girl anyway but it wasn't a fair use of process that bar louie had set up you know should do or trained to ask the i d m to look at the so the the other thing that i would really like you guys to you folks to consider is that in my opinion after this happened in direct response to this happening barlu we took five  two barley hired jim staples who's the former supervising investigator for the a b c see in charge of the fifteen years he was in charge of training for the a b c see he is trained to fox h selectman your predecessors i don't know maybe some of you he is trained to foxborough police chief and last friday he trained bar louis personnel which all servers were attended by all servers work was mandatory and he also trained in norfolk county district attorney's office last friday so they hired the best in the business to train those of the as a program called safe id check and he sort of fight all  louie services safe id check also mr cochran has put in the budget you know one of the things about bartenders and waiters and waitresses that they tends to be a lot of turnover so he's put in the budget enough money to make sure that mr staples comes back frequently enough that  his new personnel will be trained as well in the safe a teacher program number three they made of policy determination to no longer accept vertical identifications in vertical identifications is probably no licenses that are issued to minors and where as all our license is a horizontal the minors license is vertical in the good for five years so just because you have one doesn't mean you're a minor if you get your license when you're seventeen you have the vertical license until you're twenty two or if you lose your license and get a new one when you twenty you have that vertical license until you're twenty five so it's perfectly acceptable there will be adults over twenty one with vertical i d s but they made the policy determination to no longer serve anybody with a vertical id because this was a vertical i and even though a red flag should have gone up to the server to particularly scrutinize it imperils she did particularly scrutinize it but she still didn't get it that it was a minor number for they it has been their prospectus for a long time now to ask anybody appearing to be the age of thirty five or younger for an id but they're not going to go a step further and add another layer and they're going to also ask that person how old are you so that subtraction won't be the only recourse you know in trying to determine the age in five they they have purchased already state of the art scanning equipment sold by advanced i d services which is the company recommended by jim staples and the company recommended by the police chief it is the top scanning equipment available it's called cost about thirty five hundred dollars and they have not only purchased it but they've purchased a subscription to update the software on a monthly basis so that whatever new  identification scams come out or the software will always be updated as you must solve and i'm sitting here telling you that my opinion this was human error she looked at the license for a minute and she made a mistake that resulted in this unfortunate situation if you noted during the previous hearing that the skinny equipment eliminates human error or at least minimizes human error and i agree one hundred percent and they review and they've already proactively went out and purchased it so in response to decision they fired the server hired mr staples for training and they've already had him come in and trained and they've got them in the budget for more training made a determination not to accept vertical identifications which is obviously not that that's a that's a revenue diminish or because it did turn away customers at the door  and now asking people who appear to be thirty five or less how old they are in addition to asking for the id and made a significant investment in the state of the best scanning system out so between the fact that they had a good process in place that this particular server just she followed but it was she followed unsuccessfully and the fact that they redoubled their efforts to prevent this from happening again  we would make an offer of five days we discussed dates when we met with the chief and mr pay the five days that we would offer sunday november twenty fifth to sunday the thursday november twenty ninth that's sunday in particular is a is a is a very important day because it's a big football day and it's the sunday of thanksgiving weekend which the day before is or two days before is black friday and that shopping spree usually continues all weekend so that's a day that they would have to spend a lot of business so we hope that you can find your way to  o accepting that offer in addition to which by the way you know the standard stuff you know no appeal and also we'll i'm not quite sure what the marcus before we open up for discussion on the board is there anyone from the public that wanted to speak with this is a public hearing second motion to close the public hearing made seconded any more discussion of those in favor of public hearing is now closed discussion amongst the board  we haven't really got it from kevin but that's the thing chief and i both recommend this would be the last violation there was a three day suspended sentence so we have void that we avoid the legal expense we get on the record bar louie's is clearly shown that they are contrite they've done all the things that you asked the previous business including putting in the scanner and not only putting in the scanner but putting in the one that the chief wanted fired the person involved in a five day suspension during that particular time frame is very meaningful in terms of the financial life impact it will have in this business not that our goal here is to punish businesses because it's a symbiotic relationship between businesses and the town but it needs to be understood that this is serious in the board's not tolerant of this and will be far less tolerant if there's a third of that and i think this captures all of that and i think it's you know is sufficient in terms of the message the board wants to deliver i did advise counsel and the manager that the most important element vinnie offer is with the business clearly makes it clear that they understand but they've made a mistake and that they're serious about not making another and in this case barlow's has gone further than any other business side of my time with you they've gone further to take to make amends than anyone i recall recently so that's all i think a good sign and then you've got the chief can comment but we both concur this is a good recommendation i  open for discussion with the board think you stepped up to the plate and you just try and put this behind you move on and put a better business model and place i'm actually a little taken back to often those days being how important the out of business and i actually think it's a little bit too much i would suggest that the boy would probably split that by taking three in that time period maybe two after the first of the i think by taking the five at the i think i know you agree to it but i think it's just a little bit too much for that kind of economic loss in that in that season and i know rest of the book i'd like i appreciate the thought of everything that that's you know all the other steps that are being taken i only wish these steps were taken back you know a year or so ago you know we i don't remember if you were here or not you have for that meaning kind of said no i want to see and get and less i was you know have a melody or a sailor for and that you know you showed willingness to make changes and stuff and you know i think that if  things hadn't been done and then we wouldn't be looking at this and if you're agreeing with the five days you know i almost want to say you know it's five days am i appreciate that you're than we ever thought you know i mean they can come up with something totally different tomorrow and we would never see it happen but this company is great and i know that the chief does recommend that sort of have the ability to do that i think that's a great thing i just you know i hope that you know for like an expansion some time or something instead of something like this i you know  ago you know you know worried for you because it was you know you just open up and kind of get me bearings and everything but you know we told you take advantage of the cheap because he's got all these so that everyone who enters the establishment they will have to show id id and be scanned and then in so you have it during even during like the afternoon you have someone at the door so what so what and solid the five day suspensions serious penalties and it makes me understand how you understand how serious the situation and appreciate that i just was curious anybody else's thoughts about splitting it from five days in a row to three to as mark but i mean we could do that but yeah and i think that's what they've lived it and yeah and specially where it is on the lower side out of the three could go to the ten i wanted to say thank you to tom i the reason if you sat through the the previous discussions we had i voted against that motion because i didn't think they were doing all they could do to take the human error out of it what you're telling me and from what i'm hearing from the sergeant is that it seem like it wasn't a policy it wasn't a procedure it was a human error and the person looked at it and mother couldn't do the math or or didn't realize it the scanner certainly was my concern last time that's why i voted against this one you put that on the table as well with the four or five other things that i think goes a long way and i hope it helps because i you know the third the third strike is you know we're talking a month closure and i hope the scandal works and i hope that we don't have to for being underdressed i'm pitching for colleague of mine who's sick but these guys are the ones that grabbed me took the bull by the horns and put all this stuff in place so i'm just telling you what they did but they're the ones that they are contrite they are concerned they are very determined to be responsible licensees and good corporate citizens it's very important to them very tough but i'm i'm overwhelmed by the poor you know concern from this group i really am i think in reward to that i think we should split it up a little but not right five day consecutive it's the same  wasn't happy with five days i think i am accepting five days because of all the steps that they said that they have under took and will undertake so i mean five days in a row is probably better than six days split up was wh you know five years or whatever and it seems like they've looked at this schedule and decided that that would be the leap that they would do it i just have one more question is this skinning equipment in place right now motion to accept proposal the agreement by bar louie to admit to a second violation implement the scanning device and have the suspension of five days to begin that november twenty fifth and  without without appeal into cover expenses if i could sue you suggest that you not have the scanner be in a condition of the of the punishment because that would tend to be n recommendation the board is to continue the hearing to a date certain meeting you'll have to name the night so that the gentleman knows exactly when it will be continued to  that and rather than zz yeah this one would then get scheduled at ten thirty why don't we do this well we'll go back and look at our schedule because there's three other hearings yeah it's probably going to be in the later part of the night ok it would be first second or