Boston Licensing Board Violations Hearing 10 -13-26

0:07 Good morning. Thank you all for joining.

0:09 We will get started in just a moment as

0:11 we clear the waiting room. As a

0:13 reminder, when you are entering from the

0:14 waiting room, please do remain on mute

0:16 unless or until

0:18 uh you are presenting or providing

0:20 testimony before the board.

0:33 Good morning. This is a hearing before

0:35 the Licensing Board for the city of

0:36 Boston. Today is Tuesday, October 13th,

0:39 2026.

0:40 Today's hearing is being held in

0:41 pursuance to temporary amendments to the

0:43 open meeting law. That is what allows us

0:45 to meet virtually.

0:47 Today's hearing is being recorded and

0:48 will be posted to the city of Boston's

0:49 website.

0:51 Before I review procedural matters, I

0:52 will introduce chairman of the board,

0:54 Kathleen Joyce.

0:56 Good morning. My name is Kathleen Joyce.

0:57 I am chair of the Boston Licensing

0:59 Board. Today, I'm pleased to be joined

1:00 by Commissioner Kiana Saxon and

1:02 Commissioner Ava Concepcion.

1:05 Thank you. Please ensure that your audio

1:07 and visuals are working properly if you

1:09 will be providing testimony before the

1:11 board this morning.

1:12 I will call each item in the order that

1:14 it appears in this morning's agenda.

1:16 I will then ask who is present on behalf

1:17 of the licensee,

1:19 who is present on behalf of the Boston

1:20 Police Department, and whether there are

1:22 any other individuals with first-hand

1:24 knowledge of the alleged incident who

1:25 wish to testify.

1:27 I will then swear in all parties.

1:29 After that, the police report will be

1:30 read into the record, and the licensee

1:32 or the representative will have the

1:33 opportunity to make a brief statement,

1:36 followed by questions by the chair and

1:37 commissioners.

1:39 All testimony will be limited only to

1:40 those individuals with first-hand

1:42 personal knowledge of the alleged

1:43 incident. We'll begin with the first

1:45 item on this morning's agenda. Calling

1:47 out of number one, Little Haiti

1:48 International Cuisine LLC, doing

1:50 business as Little Haiti International

1:51 Cuisine, located at 1184 Hyde Park Ave

1:54 in Hyde Park.

1:55 Date of the incident, July 5th, 2026.

1:58 Operating after legal closing hour with

2:00 alcohol in bar and cups on tables in

2:02 violation of mass and license chapter

2:03 138 section 64. Who was present on

2:06 behalf of the licensee?

2:08 I am.

2:09 George Cran.

2:10 Thank you, Mr. Cran. Who is present on

2:11 behalf of the Boston Police Department?

2:14 Sergeant John McNulty.

2:17 Thank you, Sergeant McNulty. Are there

2:18 any other individuals with firsthand

2:19 knowledge of the alleged incident who

2:21 wish to testify?

2:24 Can you both please raise your right

2:24 hand?

2:26 Do you swear to tell the truth, the

2:27 whole truth, and nothing but the truth?

2:29 I do.

2:30 Thank you very much. Uh, Sergeant

2:31 McNulty, if you could please read the

2:33 police report into the record for the

2:34 board.

2:35 Yes, sir.

2:36 About 02:50 hours on Sunday, July 5th,

2:39 2026, Sergeant McNulty, Echo 907, was

2:42 notified by Lima base, E18, to check on

2:46 a licensed premise at 1140 1184 Hyde

2:49 Park Ave, which may be serving patrons

2:52 after hours.

2:54 He was in full uniform.

2:55 McNulty arrived at 1184 Hyde Park Ave,

2:58 Little Haiti International Cuisine, at

3:01 03:00 hours.

3:03 He was assisted by PO Roberts, Lima 422

3:06 Alpha, who arrived shortly thereafter.

3:09 As McNulty approached the establishment,

3:12 five patrons walked out of the bar.

3:14 McNulty asked an employee who was

3:16 outside to get the manager so he could

3:18 conduct a code 35 license premises

3:20 investigation.

3:22 McNulty was met promptly by the owner

3:24 manager, George Anthony Cran.

3:27 Instrumental music was being played on

3:29 speakers inside the establishment.

3:31 There were 25 people seated at tables

3:34 and the bar area,

3:36 as well as some staff.

3:38 Beverages were on the tables and bar.

3:40 However, no one was observed actively

3:42 consuming their drinks as McNulty

3:44 entered and stood by a high-top table to

3:47 the right of the entry door.

3:49 Staff were told by McNulty

3:52 that customers were not permitted at

3:54 that hour and they needed to be safely

3:56 removed out of the bar.

3:58 Upon request of the licenses, the

4:00 bartender retrieved them from a top

4:02 shelf at the far end of the bar where

4:04 they were stacked atop one another in

4:06 clear plastic frames out of view.

4:09 Mr. Crane was informed he would be

4:11 receiving a violation

4:13 number 071262

4:15 for occupancy outside hours of operation

4:17 as his license was temporarily extended

4:19 from 0200 hours from 0100 hours

4:23 as well as noting the presence of

4:24 alcoholic drinks in front of patrons at

4:27 the time of inspection. Body worn camera

4:29 activated during the inspection.

4:33 Thank you very much, Sergeant. Mr.

4:34 Crane, would you like to address the

4:35 alleged incident?

4:37 Yes.

4:38 Um,

4:39 this was on 4th of July night.

4:41 Uh, we had a group of probably about 15

4:46 individuals who celebrated a 50th

4:47 birthday.

4:48 Um,

4:50 my family, they wanted to kind of

4:52 leave together due to the fact that um,

4:54 that night 13 people got shot. I tried

4:56 to enforce that um,

4:59 it wasn't in the area of Hyde Park where

5:01 the restaurant was, but um, they didn't

5:03 not being from around here, they all

5:04 wanted to leave together.

5:06 There's only so much I could do when we

5:08 have a group of

5:09 elderly people who aren't trying to

5:10 leave and all we have on our TVs that'll

5:13 be on display is the breaking news of

5:14 what's going on.

5:16 And that day

5:17 13 individuals who

5:20 you know,

5:21 getting shot which kind of didn't rub

5:22 well on the people that were inside cuz

5:24 they were just saying like, "What's

5:25 going on in Boston? We all rather leave

5:26 together and wait for our rides." And

5:28 since that was what was going on, no one

5:30 was drinking.

5:32 Everything that was on the bar was

5:33 things that were being cleaned up. It

5:35 was just that group of the 50th birthday

5:36 that I wanted to properly

5:38 make sure they left together only due to

5:40 their safety concerns.

5:42 Um,

5:43 and that was pretty much the situation

5:45 at hand. No one was drinking or anything

5:47 of that nature.

5:50 Thank you, Mr. Kran. The board may have

5:51 some questions for you. Chairman Joyce.

5:54 Uh my first question is for Sergeant

5:56 McNulty. When you walked into the

5:59 establishment and saw the 25 people

6:01 seated, did they seem concerned for

6:02 their safety that they were waiting for

6:04 rides together?

6:06 No.

6:07 Um how would you describe the scene?

6:09 It looked like people hanging out at the

6:11 end of the night in the bar.

6:13 Okay.

6:13 There was music playing and uh

6:17 I didn't see anyone cause any alarm and

6:19 certainly no one came up and asked me,

6:21 "Is everything okay? Why are the police

6:23 here?"

6:24 And when you um

6:26 were in there, did they leave um

6:29 [clears throat]

6:30 together? Did they get up and leave

6:32 without any issue?

6:34 Uh they didn't all leave together, but

6:36 yes, the um

6:38 the like doorman

6:40 and so forth, the staff that was working

6:42 in there, did a really nice job of um

6:45 just asking everyone to walk out and if

6:46 anyone had a drink in their hand or a

6:48 bottle in their hand or something, they

6:50 made sure that they put everything down

6:52 on the bar before they walked out onto

6:53 the uh sidewalk area.

6:56 Okay.

6:57 Um

6:58 I just want to make sure that the report

6:59 says instrumental music was playing on

7:01 the speakers. Did you see the TVs on?

7:05 I did not, but I don't know where the

7:08 TVs are located. I know that from where

7:10 I walked in,

7:12 um I did not see any televisions on.

7:14 Okay.

7:16 All right, thank you. Mr. Kran,

7:18 um

7:19 I know you're operating on reduced hours

7:20 right now, but what is your normal

7:22 closing hour?

7:23 Normal closing hour is 1:00.

7:26 So now here we are close to 3:00 a.m.

7:28 No, this was during the extension

7:30 um for a World Cup, so it was 2:30. We

7:33 had to get everybody out.

7:34 Okay.

7:36 Um

7:36 so tell me,

7:38 this was your testimony today is that

7:40 this was a private party and it was your

7:42 family?

7:43 No, it was my family the group

7:45 that was still there.

7:47 It wasn't a private party. It was a

7:47 birthday celebration.

7:49 Okay, and that they were two Where does

7:51 your family live that they are too

7:52 afraid to leave?

7:53 Connecticut.

7:56 Connecticut?

7:57 Yeah.

7:57 Okay. How were they getting home? I

7:59 can't imagine they're waiting for Ubers

8:00 from Connecticut.

8:01 No, they were all going to the

8:03 Airbnb together, hotels together.

8:06 It was a group of about 15 people, my

8:08 aunt and cousins.

8:09 Okay. I I just don't find this very

8:11 persuasive.

8:13 Um and you know very well what your

8:16 closing hour is.

8:17 Uh Commissioner Saxon or Commissioner

8:20 Concepcion, do you have any questions?

8:23 Um

8:24 So yeah, if your closing hour was 2:30,

8:27 why were you there past 2:30? Cuz they

8:30 they they were they said they were

8:31 waiting for you,

8:32 right?

8:33 No, they were waiting to leave together.

8:37 Not for me.

8:41 What were they waiting for?

8:43 Their rides.

8:45 They just didn't want to leave.

8:46 They have cousins that are my age. I

8:48 have cousins that are older. They want

8:50 to leave together due to the fact that

8:51 there was a shooting.

8:53 The 13 people got shot that night. They

8:55 just didn't feel safe leaving

8:56 separately. They wanted all to be

8:57 outside together. Everybody was getting

8:59 dressed. The elderly woman waiting for

9:00 the kids to escort them out. Like, let's

9:02 go everyone, let's go.

9:04 That's essentially what happened. This

9:05 wasn't about me trying to persuade

9:07 anybody. I'm just telling you situation

9:09 I was in and what happened.

9:10 [clears throat]

9:12 So you do realize that like they could

9:14 have they should have been leaving on

9:15 time, right? There Was there a Was there

9:18 a delay in in people arriving to pick

9:20 them up? Like I When you say waiting for

9:22 rides, I know I guess I don't.

9:24 Like Ubers.

9:26 To go back to Connecticut?

9:28 No, go go back to the Airbnb and hotels.

9:34 Essentially, if I have I I to a

9:36 birthday party, my mother's there, and

9:38 I'm with my cousins. I probably was like

9:40 you want to leave with my cousins.

9:41 However, my mom's going to tell me to

9:42 wait for her to come out as she's

9:44 putting on her jackets.

9:47 Everyone's leaving together. They're not

9:48 from here.

9:49 I don't know what to say when these

9:50 people aren't trying to leave.

9:54 But you you you you do you you have a

9:56 responsibility because you are the

9:57 licensee. So you So you need to make

10:00 sure that you know how to get people out

10:02 of your establishment.

10:04 Absolutely. And they immediately once

10:06 they realized

10:08 the cops didn't want them inside.

10:10 However, I told them I'll let them stay

10:12 until their ride comes if that's what's

10:13 going to make them

10:14 relax.

10:22 Okay, I I have a a few questions. I

10:24 don't know, Commissioner, if you've had

10:25 any follow-ups, but I um

10:28 cuz I I I live near I'm I'm I'm in this

10:30 area, and the shootings that you're

10:33 referencing were I believe in Roxbury

10:35 and Dorchester.

10:36 Yeah, I stated that to them.

10:38 S- Right. But also

10:41 we're saying that that you there was an

10:44 inability to have people leave the

10:46 premises

10:49 even if it was 30 or an hour before

10:52 because of fear

10:55 for shootings that was heard from the TV

11:00 that was playing all night from your

11:02 description

11:06 in Hyde Park.

11:09 I want to make sure I'm hearing what

11:10 you're saying correctly so I have

11:12 everything clear. Um so we're able to

11:14 process this correctly.

11:17 Yeah, it wasn't heard, it was seen.

11:19 It was seen.

11:19 Yeah.

11:20 So I have about four TVs.

11:23 Okay.

11:24 Um the TVs were off by the time the cops

11:26 got here. However, while the event was

11:28 going on

11:30 they saw the visual of the breaking news

11:32 what was going on. And obviously the

11:34 word was spreading in the restaurant.

11:36 People got shot that night. 13 people

11:38 got shot. So, and it's just word of

11:40 mouth, people hearing, my aunts,

11:42 cousins. And they're like, "Listen,

11:43 George. Let Let us stay here until

11:45 everyone's ride come. I don't want to

11:47 leave my son leaving with the kids

11:49 that that's my around my age by

11:51 themselves. We want to make sure

11:53 everyone leaves." And I said, "Okay.

11:54 I'll let y'all stay. It's my family. Let

11:56 you guys stay up until the rides come

11:59 and you guys feel safe to leave." When

12:00 the cops came,

12:01 I told them we can no longer do this.

12:03 Everyone get out. And they left right

12:04 away. They did not They did not stay no

12:06 longer than 2 minutes.

12:10 I I don't have any more questions,

12:11 chairman chairwoman. Thank you.

12:14 Thank you. Are there any further

12:15 questions from the board?

12:17 I I have a comment. It It appears to me

12:20 that you did not have control of the

12:21 licensed premise that night. I know they

12:23 are family, but if when Sergeant McNulty

12:26 walked in, they got their rides within 2

12:28 to 3 minutes, I don't know why they

12:29 couldn't have gotten their rides within

12:31 2 to 3 minutes at the appropriate

12:33 closing time. Again, you had an

12:35 extension of your hours on this

12:37 particular night, which is a privilege

12:39 granted to you from the city.

12:41 Yeah.

12:42 You're not entitled to that extra hour.

12:44 And you did not even abide by those

12:47 rules on that night.

12:49 Um

12:51 you're responsible for getting your

12:53 patrons out on time. Your name is on

12:57 this alcohol license. I don't care if

12:59 it's your nephew, if it's your aunt and

13:01 her and your cousin.

13:03 I don't care if it's your family or a

13:04 perfect stranger.

13:06 You need to get them out on time. Your

13:08 aunt's name is not on this license. Your

13:10 name is on this license.

13:13 I It doesn't appear to me that you

13:14 understand

13:15 how important that is and what the

13:17 responsibility is that comes with being

13:20 a manager of record on this license.

13:22 You were given

13:23 permission to stay open an extra hour

13:26 and you couldn't even operate within

13:28 that privilege.

13:29 That was our

13:31 only

13:32 situation

13:34 that we had like as far as an incident

13:35 with that extended hour. So,

13:37 The only one that we know of. Yeah.

13:40 I'm going to say that I don't believe

13:42 you had control of your license premise

13:43 that night if you couldn't get your

13:45 family out of there on time.

13:47 Um you're in charge. You should be

13:49 letting them know what the rules are.

13:51 You shouldn't be letting them make the

13:53 rules.

13:54 No, for sure, but it wasn't that I

13:55 couldn't get them out. I I allowed them

13:57 to stay in for

13:59 Okay, well, then I don't actually you

14:01 saved all your video from that night

14:02 where you were talking to them and

14:03 alleviating them of their fears of the

14:05 shootings that happened many miles away

14:08 that you could share that with us

14:09 because this does not sound

14:12 um believable to me. And it sounds as if

14:14 you have not taken

14:16 your responsibility um as a manager of

14:18 record and of this 1-hour extension very

14:21 seriously.

14:23 If that's If that's your defense, then

14:25 show us, you know,

14:26 I I don't I don't know what that footage

14:28 was from like months ago. It's not in

14:30 our system.

14:33 Doesn't

14:33 No, for sure, but it wasn't about me

14:36 saying something like I said to persuade

14:38 anybody. This is more so a situation at

14:40 hand.

14:41 I had my family that didn't want to

14:42 leave right away. I gave them permission

14:44 to stay until everyone got their ride

14:47 situation together.

14:48 Sorry, you were wrong to give them

14:50 permission. I don't care if it's your

14:51 family or a stranger, you were wrong.

14:53 For sure.

14:54 That's all I have.

14:55 That's all I have. Yep.

14:57 I I have a question for Sergeant

14:58 McNulty. Um

15:00 was there any um

15:03 Did anyone speak to you about having

15:05 fearing for their safety when you were

15:07 there and responded?

15:09 No.

15:10 Thank you.

15:12 Anything further on this matter from the

15:13 board?

15:15 The board will take this matter under

15:16 advisement. Thank you all.

15:18 Thank you.

15:20 Calling out of number two, LCTV Fort

15:22 Point LLC doing business as Lolita

15:24 Cocina & Tequila Bar, located at 253

15:26 Summer Street. Date of the incident,

15:28 August 29th, 2026. Assault and battery

15:31 with a dangerous weapon, a glass, patron

15:32 on patron, in violation of Mass General

15:34 Laws chapter 138, section 64, chapter

15:36 265, section 15A, and failure to call

15:40 police in violation of Mass General Laws

15:42 chapter 138, section 64, and board's

15:44 rule 1.14B. Who is present on behalf of

15:47 the licensee?

15:48 Attorney William Burke and Priscilla

15:50 [clears throat] Beltre for Lolita.

15:54 Also with me are Mark Malatesta

15:57 and Gar McClain.

16:01 Thank you. I see both on my screen. Who

16:03 is present on behalf of the Boston

16:05 Police Department?

16:13 Sorry, Sergeant Hector Gallagher. I can

16:15 see you speaking, but you're on mute.

16:19 Sergeant Hector Gallagher can read into

16:21 the record if Officer Lopez is not here.

16:24 I think I see him.

16:25 I think I do see Officer Lopez. Ask you

16:27 to unmute. Sir, you should see something

16:29 popping up on your screen.

16:38 There you go.

16:39 What happened with the sound now?

16:41 Yeah, I think it works now.

16:43 It's coming up on the phone, but I can't

16:46 I see.

16:47 We can see you and hear you. If you

16:49 could just please identify yourself.

16:51 When Yeah, when when you get a second,

16:54 and you can find those, can you mind

16:55 just shooting them over to me? Just text

16:56 them to me, and

16:58 just so I can confirm it's them. Where

17:00 Where is Envisions? Which one is that?

17:03 We're We're hearing a lot of background

17:04 noise here, Officer Lopez. Is that you?

17:14 Sorry, I just lost sound.

17:17 Yeah,

17:18 you can you hear us?

17:21 Officer Lopez, can you hear us?

17:22 I can hear you through the phone. I just

17:25 the speaker I lost the speaker on.

17:28 Uh,

17:29 do you want me to go forward or

17:30 Can you put your phone on speakerphone?

17:33 Is there a place where you can put your

17:34 phone on speakerphone where you can hear

17:36 us?

17:37 Am I on speaker? I'm sorry.

17:40 Yeah, that works.

17:42 Okay.

17:43 Great. If you could just identify

17:45 yourself for the board.

17:51 Uh

17:52 Officer Lopez, are you able to hear us?

18:00 All right, good.

18:01 Uh

18:04 Try again. Officer Lopez, are you there?

18:11 Shall we move this

18:14 to later in the hearing while Officer

18:15 Lopez works on his sound issues?

18:20 Sure.

18:25 Okay, Officer Lopez, I don't know if you

18:27 can hear us, but we are

18:28 going to take a second call on this

18:30 matter.

18:32 Move on to items three and four and come

18:33 back to this so that you have an

18:36 opportunity to work on your sound.

18:38 We'll come back to this item. We are

18:40 going to temporarily move forward and

18:42 call into the record at a number three,

18:43 Fazzio LLC, doing business as Turkish

18:46 Lazuri Cafe, located at 1 North Beacon

18:48 Street in Allston. Date of this

18:49 incident, August 12th, 2026. Patio

18:52 operating after 10:30 p.m. closing hour

18:54 at 11:10 p.m. in violation of Mass

18:56 General Laws chapter 140, section 9.

18:58 Also, no posted entertainment license.

19:00 Who is present on behalf of this

19:02 licensee?

19:05 Hi, can you hear me?

19:06 We can hear you.

19:09 Can you please identify yourself for the

19:10 board?

19:11 Yeah, my name is Rifat Tenka.

19:14 I'm the owner of Turkish Lazuri Cafe by

19:17 Lazuri LLC.

19:18 Thank you very much. Who's present with

19:19 me having the Boston Police Department?

19:21 Morning, Sergeant Carl DeGoff.

19:25 Thank you, Sergeant. Are there any other

19:26 individuals with first-hand knowledge of

19:27 the alleged incident who wish to

19:28 testify?

19:29 Detective William Gallagher, if need be.

19:32 Detective Eddie Fernandez, a commuter.

19:35 Thank you. Can you all please raise your

19:36 right hand?

19:39 Now, Mr. Tenka, can you raise your right

19:40 hand as well?

19:42 Do you swear to tell the truth, the

19:42 whole truth, and nothing but the truth?

19:44 I do.

19:46 Thank you. Sergeant DeGoff, if you could

19:48 please read the report into the record

19:49 for the board.

19:51 On Friday, September 11th, 2026 at about

19:54 11:50 p.m.

19:55 Oh, sorry. That's the next one. This is

19:57 the August 12th.

19:59 Oh, excuse me.

20:11 I can read that one, sir.

20:13 Right.

20:16 On a Wednesday, August 12th, 2026 at

20:19 about 11:05 p.m., Sergeant Detective

20:21 William Gallagher and Detective Eddie

20:22 Hernandez, assigned to the BPD License

20:24 Premises Unit, conducted a license

20:26 premises inspection of Lazuri Cafe.

20:29 Upon reviewing the licenses,

20:30 certificates, and permits of the

20:32 establishment, detectives observed there

20:34 was no City of Boston entertainment

20:36 license posted and the establishment was

20:38 providing non-live music from speakers.

20:40 Detectives also noted that the

20:42 establishment's common victualer license

20:45 states that the premise has no outside

20:47 patio. Detectives observed multiple

20:48 patrons actively eating on their outside

20:51 patio.

20:52 Detectives brought this to the attention

20:53 of the person in charge,

20:55 um Mr. Rifat Tenka. Mr. Tenka stated

20:59 that

21:00 um he did have an outside patio permit,

21:02 but was not unable to provide it to

21:05 detectives uh with probably not able to

21:08 proceed with the current license

21:10 Mr. Kanker could also not find the steps

21:12 from the Boston Fire Department assembly

21:15 permit. As a result of both

21:17 seven

21:19 Patel Gallagher issued license permits

21:21 and section notice 055231

21:23 for no city of Boston entertainment

21:25 license posted and for premise operating

21:27 outside patio at 11:10 p.m. Should be

21:30 noted that Lazuri Cafe was also issued

21:33 evaluation 027360

21:35 on August 25, 2025 for no city of Boston

21:39 entertainment license posted and no

21:41 Boston Fire assembly permit posted on

21:43 that date.

21:45 That's all.

21:47 Thank you, Mr. Kanker. Would you like to

21:48 address the alleged incident?

21:50 Yeah.

21:51 Um

21:52 So, after they came in, so what I

21:55 thought was

21:57 um

21:57 the patio closed at 10:30 and after the

22:01 patio's closed

22:03 we we thought that we can we can still

22:05 provide the customers like take out uh

22:07 food just um

22:09 eat eat the

22:10 you know, the take out food in the patio

22:13 outside.

22:14 Uh but it looks like that wasn't the

22:16 case. Uh so, what we did was uh we have

22:20 two little

22:21 um

22:23 what are they called?

22:26 Basically to just to block the patio. We

22:29 have these little strips that we put out

22:31 uh so, customers don't sit there

22:32 anymore.

22:33 Um but yeah, when they were there, uh

22:36 this is what we did. Normally, we would

22:38 have the customers, you know, we

22:40 wouldn't put any dine-in stuff out, but

22:42 we'd have the customers if they did want

22:44 to still eat outside while the weather

22:46 was

22:46 good, we put them uh we we gave them a

22:49 takeout option to just eat the you know,

22:51 takeout food on the patio. But after

22:54 they came in, what we did was we just

22:56 put the two the slider things. We placed

22:59 them on the patio so, nobody can sit

23:01 outside.

23:04 Thank you. Uh the board may have some

23:05 questions for you. Mr. Chairman Joyce.

23:08 Um my questions are for either Sergeant

23:10 Gallagher or Detective Fernandez. Were

23:12 the people that were sitting at the

23:13 tables eating actively eating? Were they

23:16 eating in take-out boxes or

23:18 um

23:19 plates and stuff from the restaurant?

23:22 I can't be positive, Madam. Uh I I I

23:24 don't think they have waitress service

23:25 out there, so I think people commonly

23:27 buy their food inside and take it

23:29 outside. It is a busy spot, but I can't

23:32 be sure if there was in boxes or or

23:34 plates, but uh it it was quite busy.

23:37 Okay.

23:39 Um

23:41 see.

23:44 So,

23:45 do you understand that you need to have

23:47 your patio license on you, sir?

23:50 Otherwise, the police don't know if you

23:51 have permission to use the outdoor

23:54 space.

23:55 Correct. So, the second time they came

23:56 in uh cuz they came in two times.

23:59 The first time we didn't have it on us,

24:01 the patio license. The second time I

24:04 gave them all the licenses that they

24:05 need that they needed. So, I I I hung it

24:08 up um where my licensing board is

24:11 on the restaurant, and I give give it to

24:13 them all.

24:15 Okay. Thank you. Questions for me?

24:19 Uh none for me. Thank you.

24:22 I have no questions. Thank you.

24:24 Thank you. The board will take this

24:25 under advisement. We'll move on to item

24:26 four, which concerns the same licensee,

24:29 Zeki Oral Aslan, doing business as

24:30 Turkish Cultural Cafe at 1 North Beacon

24:32 Street in Allston. Date of this

24:33 incident, September 11th, 2026, about a

24:36 month later. Patrons on patio after the

24:38 10:30 p.m. closing hour at 11:55 p.m. in

24:41 violation of Mass General Laws Chapter

24:43 140, Section 9. Um I understand, Mr.

24:46 Panko, you are here uh for this item as

24:48 well. Who's present on behalf of the

24:49 Boston Police Department?

24:51 Sergeant De Gaul.

24:54 Thank you. Uh you have all been sworn

24:56 in. Sergeant De Gaul, if you could

24:58 please read the report into the record

24:59 for the board.

25:00 On Friday, September 11th, 2026 at about

25:03 11:50 p.m., Sergeant Detective Gallagher

25:05 and Detective Hernandez, assigned to the

25:07 License Premise Unit, conducted a

25:08 license premise inspection of Lazuri

25:11 Cafe at 1 North Beacon Street. Upon

25:13 reviewing the licenses, certificates,

25:15 and permits of the establishment,

25:16 detectives observed that the

25:18 establishment's outdoor dining patio

25:19 conditions

25:21 state that the premise must have all

25:22 patrons off the outdoor patio by 11:00

25:25 p.m.

25:26 Detectives observed multiple patrons

25:28 actively eating food on their outside

25:29 patio. Detectives brought this to the

25:31 attention of the person in charge, Mr.

25:33 Rafat Konca. Mr. Konca stated that he

25:36 would bring the establishment into

25:38 compliance.

25:40 As a result of the what detectives

25:42 observed, Sergeant Detective Gallagher

25:43 issued License Premise Inspection Notice

25:45 055-244

25:47 for patrons on patio

25:50 after 10:30 p.m. closing hour.

25:52 The time was 11:55 p.m.

25:56 Thank you very much, Mr. Konca. Would

25:57 you like to address this incident?

25:59 It was the same thing. That was the

26:01 second time they came in.

26:03 Uh so, after the second time, we put the

26:05 sliders on. So, if you guys go there now

26:08 after 10:30,

26:09 the the sliders are there, so no

26:11 customers

26:12 even to be seated. Uh there's also a

26:15 situation where I think the second time

26:17 they came in,

26:18 uh they were just like random, you know,

26:22 just random people from the other

26:24 establishments uh on the same block just

26:26 sitting down. Wasn't even having food,

26:28 but they're not even supposed to sit

26:29 down. This is something that we didn't

26:31 even know as well. So, we um

26:34 when they came in the second time, we

26:36 thought about, you know, getting those

26:37 sliders so nobody can even sit down uh

26:40 even if they're

26:41 from a different establishment. If they

26:43 are from a different establishment or

26:45 you know, customers from our restaurant,

26:46 [snorts]

26:46 we just advise them that they can't sit

26:48 after 10:30 outside.

26:52 Thank you. See if the board has any

26:53 questions for you. Chairman Joyce.

26:56 How many seats are in the outdoor patio?

26:58 I don't have the information in front of

26:59 me.

26:59 Yeah, so there's um there's five tables

27:02 outside.

27:02 Oh, there's five. Okay.

27:03 Yeah. So, when the both the the

27:05 detectives came in,

27:07 um there was two tables occupied

27:10 um on the far right.

27:12 Um

27:13 that was the second time they came in.

27:14 The first time they came in, there was I

27:16 think three tables occupied. But again,

27:19 they were just take out food. Uh the

27:21 first time they came in, they were just

27:22 take out food

27:23 and also like teacups.

27:25 Um

27:26 yeah, it was just take out items.

27:30 Okay. Now, I'm looking online. Are your

27:32 tables and chairs these like fold up

27:34 chairs?

27:36 The bistro tables?

27:37 No, they're not fold up. They're they're

27:39 those like um like the wooden bench

27:41 patio tables.

27:43 Okay.

27:43 Yeah.

27:44 So, if we were So, that was also another

27:47 thing that we were thinking of getting.

27:49 Um those fold up chairs or tables that

27:52 we could just bring inside. But since

27:54 these are too big, um we're not able to

27:55 bring them outside. So, since the

27:58 there's like a

27:59 already seats attached to them, it's

28:01 hard to like bring it We have to bring

28:03 the whole thing inside. So, that's why

28:04 we got the sliders on just so nobody can

28:07 sit outside.

28:08 Okay.

28:09 They're like park benches.

28:11 Okay.

28:11 And the the wooden park benches with

28:14 attached seating. Yeah.

28:16 All right. I don't have any other

28:18 questions.

28:20 I'm just curious. Do you have a clear

28:21 line of sight of the the that area? Um

28:25 can you just see readily or do you have

28:27 to

28:27 Yeah, so it's Yeah, yeah, I can see the

28:30 whole patio from one end to the other

28:32 end.

28:33 Okay.

28:33 So, if anybody does sit outside, we

28:35 should be able to see, you know, who's

28:37 sitting down and stuff like that.

28:39 Okay. Got it. Good.

28:44 I have no questions.

28:46 Thank you very much. With no further

28:47 questions, the board will take this

28:48 under advisement as well. Thank you.

28:52 We'll return back to item number two,

28:53 LCTB Fort Point LLC. Um just want to

28:56 check in with Officer Lopez. Are you

28:58 able to hear us?

28:59 Yes, do you hear me?

29:01 We can hear you. Wonderful.

29:02 Awesome.

29:04 Great. And I do have uh the

29:07 item has already been read into the

29:08 record, the agenda item. I know that we

29:10 have Attorney Burke here representing

29:11 the licensee with Carmaclean and Mark

29:13 Malatesta with Sergeant Detective

29:15 Gallagher uh and Officer Lopez. Are

29:17 there any other individuals with

29:19 firsthand knowledge of the incident who

29:20 wish to testify this morning?

29:24 Can you all please raise your right

29:25 hand?

29:27 Do you swear to tell the truth, the

29:28 whole truth, and nothing but the truth?

29:30 I do.

29:30 Yes.

29:31 Thank you very much. Officer Lopez, will

29:32 you be reading the report into the

29:33 record?

29:34 Yes.

29:35 Thank you. May I please proceed?

29:37 Good morning all. To uh about 1:56 a.m.

29:40 on uh August 29th of 2026,

29:44 my cell phone was in the Fox 441 unit

29:46 responded to a radio call for assault

29:48 and battery

29:49 reported at 253 Summer Street, which is

29:51 Lo Leitas.

29:53 On arrival, I spoke to the victim,

29:55 Felipe Acobis,

29:57 who stated an unknown male threw a glass

29:59 cup

30:01 which struck the victim on the face.

30:03 After I observed the victim suffering

30:04 from swelling with small laceration on

30:06 the left eye,

30:08 the victim refused medical attention.

30:10 The victim first stated there was an

30:12 altercation by the bar between other

30:13 patrons, and that's when the glass was

30:15 thrown in his direction.

30:17 The bar staff removed the suspects

30:19 involved in the altercation outside.

30:22 The victim followed the suspect who

30:23 threw the glass cup.

30:25 The suspect attempted to enter a vehicle

30:27 parked on Melcher Street.

30:28 The victim took a photo of the plate

30:30 number,

30:31 which is 3WVW12,

30:34 of suspect vehicle.

30:36 The suspect observed victim approach,

30:38 and the suspect fled on foot. Officer

30:40 then spoke to witness Nelson Bacelo,

30:43 who was with the victim at the bar. The

30:45 witness stated this incident occurred

30:46 around 1:00 a.m. during a fight near the

30:49 bar area. The witness described the

30:51 suspect being a Hispanic male

30:53 about 6 ft tall with black hair in his

30:56 20s.

30:57 Officer attempted to speak with bar

30:59 personnel and found the establishment

31:01 was closed.

31:03 That's all I have.

31:05 You good?

31:06 Thank you. We have a supplemental report

31:08 as well.

31:09 Yes, that's Detective Gallagher. I'll be

31:11 reading that in.

31:11 Thank you.

31:12 At about on 9:10 2026 at 11:10 10:00

31:16 p.m. Sergeant Detective William

31:18 Gallagher Detective Eddie Hernandez

31:20 assigned to license premises unit

31:22 responded to Lolita Seaport at 253

31:25 Summer Street to speak with staff about

31:27 an incident that occurred on 8:29 2026

31:30 at about 1:00 a.m. During an incident a

31:33 patron reported being hit in the face by

31:35 a thrown glass while inside Lolita.

31:38 Patron reported staff refused to call

31:40 911 after the incident when asked by

31:42 patron. Detectives spoke to the manager

31:44 Mr. Sam Lee

31:46 on the evening of 9:10. Mr. Lee stated

31:49 he was aware of the incident and thought

31:51 video had been saved for BPD.

31:54 When detectives asked about not calling

31:56 911 after the incident, Mr. Lee

31:58 responded that they had called the next

32:00 day. As a result of this incident,

32:02 Sergeant Detective Gallagher issued

32:03 license premises inspection notice

32:05 number 055240

32:08 to Lolita Seaport for assault and

32:11 battery and means of dangerous weapon

32:12 and failure to call 911. Mr. Sam Lee

32:15 signed for accepted the notice.

32:18 Thank you very much. Tony Burke, would

32:19 you like to address the alleged

32:20 incident?

32:22 Yes, uh for

32:24 [clears throat]

32:24 Officer Lopez,

32:26 Officer,

32:28 on the evening in question, did the this

32:32 victim identify anyone to whom he had

32:35 made a request that they call police.

32:39 As far as the bar personnel?

32:42 Yes, sir.

32:43 No.

32:44 Do you know who it was that called

32:45 police?

32:47 The victim on this thing was the victim.

32:49 He He Did he tell you that that he had

32:51 called the police?

32:52 Yes.

32:53 Okay. And he refused medical treatment

32:56 from you and went on his way.

32:58 Correct.

32:59 Okay.

33:00 And then

33:01 um

33:03 uh Sergeant Detective Gallagher, did you

33:05 get full cooperation from the folks at

33:08 Lolita when you made your delivery of

33:10 the citation in question?

33:12 Uh we didn't deliver we issued it, sir.

33:14 Yes, but I did that on that night.

33:16 Okay. And did you receive any resistance

33:19 from them or any problems with the with

33:22 them when you delivered that?

33:23 No, sir, I did not.

33:24 Okay. Thank you.

33:26 Um

33:28 I'd ask Gar McLean, who has already been

33:31 sworn,

33:32 uh Mr. McLean, what's your position with

33:35 Lolita and what was your position on

33:38 August 29th of '26, please?

33:40 Uh I'm the general manager at Lolita

33:42 Fort Point.

33:44 I was just going to love on the book.

33:48 At some point in time during the evening

33:50 of uh

33:51 8/29 uh or during that night, that span

33:55 of time, did you become aware that there

33:57 was an some sort of an altercation at an

34:00 outside bar?

34:01 I did, yes.

34:03 And what was it and what happened?

34:05 Uh I had been in the back the kitchen

34:08 area and security had alerted me there

34:10 was a

34:12 incident, small altercation. I had

34:15 didn't really have

34:16 many details at that time, but we came

34:18 out and uh

34:20 saw what was going on.

34:21 Okay. What time was that, please?

34:23 I want to [snorts] say right around 1

34:25 1:05, somewhere around that time.

34:28 What did you see when you went out of

34:29 the kitchen to the area in question?

34:31 Uh the everything had dispersed and

34:34 there was none of the people were

34:36 on premises or

34:38 Had you Had you in fact Had your your

34:40 doormen, security personnel separated

34:43 the two individuals that were in an

34:45 altercation and and moved them in

34:47 separate directions and that was the end

34:49 of it?

34:49 Yeah, they did and

34:51 put them in different directions,

34:53 cleared it out and yeah. That was the

34:55 end of it.

34:57 And until what time were you present at

35:00 Lolita after that?

35:02 I was there probably until about 2:30,

35:05 3:00 of that night.

35:07 All right. And at some point in time did

35:09 you come become aware

35:11 that a third individual that wasn't

35:13 involved in this altercation had been

35:15 injured?

35:16 Or alleged

35:17 Yeah.

35:18 About 15, 20 minutes after the incident

35:22 occurred, I learned about that.

35:24 And tell us how you learned about that,

35:25 please.

35:26 Um, after everything had cleared out,

35:29 um,

35:30 talked to

35:32 you know, talked to security a little

35:33 bit. They said, you know,

35:35 some people were pushing, shoving

35:37 and

35:38 probably about 10 minutes after that

35:39 someone alerted me that the third

35:42 individual wanted to speak to somebody

35:44 and that he was there.

35:45 Okay. And And

35:47 Do you know when it first became

35:49 uh, known to personnel at Lolita that a

35:53 third individual claimed to be injured?

35:55 Probably around that time.

35:57 Um,

35:58 there was no one there when we came out.

36:00 I believe he had, like you said, went to

36:03 go get the picture of the license plate

36:05 or something. I thought he had left

36:06 completely.

36:07 And did you speak to that individual?

36:10 I did.

36:10 All right. And did you offer him any

36:13 medical assistance, an ambulance, or

36:14 anything like that?

36:16 I did at the time, yes. I offered

36:17 What did he say?

36:19 He said no, he didn't need that.

36:21 And did he remain on the premises for

36:23 any period of time or did he leave?

36:25 He pretty much left after he talked to

36:26 me.

36:27 And what time was that that you closed

36:29 on that evening in question?

36:30 Uh

36:32 2:00 a.m.

36:33 All right. And uh you've heard Officer

36:35 Lopez testify that the that the

36:37 establishment was closed down after he

36:39 completed his discussion with this

36:42 individual and uh

36:43 and uh and uh moved then to try to go to

36:46 see people at the bar. Is that correct?

36:49 Uh yes. Place was closed down by 2:00.

36:52 Yeah. Oh, yeah. We probably had the

36:54 doors locked at that time.

36:56 So, Mr. McLean, did in fact you or

36:58 anyone from your staff

37:00 telephone the Boston Police Department

37:03 at around 1:00 or 1:05 a.m. when this

37:07 initial altercation took place?

37:10 Uh we did not. I realize we should have,

37:13 but uh at that time we were still trying

37:15 to figure out what had occurred.

37:17 And was and you had no complaint of

37:19 anyone suffering an injury at that point

37:21 in time until some 20 minutes later?

37:24 Exactly.

37:25 And

37:27 uh has there been any remedial action

37:29 taken by Lolita since that time to make

37:32 sure that people understand their

37:33 obligation to call Boston Police when

37:35 there's any altercation like that?

37:37 Yeah, I've stressed to staff security

37:41 myself uh that any incident, regardless

37:44 of how small that, better just call BPD

37:48 at that time.

37:49 All right. And as far as you know, was

37:50 there request for video and was that

37:54 complied with?

37:56 I believe Yeah, when we heard about it

37:58 um when someone reached out, we had it

38:01 all saved and

38:02 ready to send.

38:04 Was Was that in fact uh Detective Swain

38:07 that made that request? And And was uh

38:09 she provided with the video materials?

38:11 Uh yes, from all my knowledge. I sent it

38:15 over that way, so.

38:16 Okay.

38:17 Uh Mr. Malatesta, what's your um

38:21 position with the Lolita, please.

38:28 I'm the owner.

38:29 Okay. And, uh, were you on board that

38:32 evening in question?

38:33 I was not.

38:34 Okay. But, did you conduct your own

38:35 investigation thereafter?

38:37 We did.

38:38 And, is Mr. McLain's recitation of the

38:41 facts

38:42 as you know them to be?

38:45 Yes, that's correct. And,

38:46 [clears throat]

38:46 as Mr. McLain has said, we have

38:49 reiterated the call no matter what

38:51 policy that everyone is aware of,

38:54 regardless of whether or not you're

38:55 figuring out what's going on, just call

38:57 immediately.

38:58 Okay. And, uh, did you in fact, uh, uh,

39:01 issue an instruction to somebody to send

39:05 the video materials that were available

39:07 over to the Boston Police Department to

39:09 Detective Swain?

39:10 Yep. As soon as the detective reached

39:11 out, we compiled the video and sent it

39:13 right over.

39:14 Okay.

39:15 Um,

39:17 I don't have any further questions. I'd

39:19 be happy to answer any from, uh,

39:21 the, uh, the, uh, chairwoman or any of

39:24 the commissioners, of course.

39:26 Thank you, attorney. We'll see if the

39:26 board does have any questions.

39:28 Chairwoman Joyce?

39:29 Uh, I have no questions. Thanks.

39:32 None for me, either. Thank you.

39:34 I also have no questions. Thank you.

39:36 Thank you very much. If there are no

39:37 questions, then the board will take this

39:38 under advisement as well. Thank you very

39:40 much for being with us.

39:41 Thank you, Mr. Green. Thank you,

39:42 commissioners.

39:44 Those are all the items before the board

39:45 this morning. The board is set to vote

39:47 this Thursday, um, due to a scheduling

39:49 conflict. The vote will be at 12:00

39:51 p.m., 12:00 noon, rather than 10:00 a.m.

39:53 Notice will be posted at the city's

39:54 website following this hearing. That

39:56 will adjourn this hearing. Thank you

39:57 all.

39:58 Thank you, everybody.

39:58 Thank you.