Boston Licensing Board Violations Hearing 10 -13-26
2026-10-16

[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.