License Comm. Rolls Back Hours in Response to Complaints from Neighbors

By Journal Staff

The Revere License Commission held its regular monthly meeting last Wednesday, July 17,  in the Council Chamber. chair Robert Selevitch and members Daniel Occena and Liliana Monroy were on hand for the session.

The session was a lengthy one (more than two and one-half hours) with the main portion of the meeting taken up by two hearings addressing complaints by residents about establishments in their neighborhoods.

Prior to those hearings, the commissioners addressed some routine business. They granted a 1-day license to Dot’s Army for a Malt/Wine, Common Victualler, & Entertainment License, to be exercised at Griswold Park on Saturday, September 7, from 11 a.m. – 4 p.m., with a rain date of Sunday, September 8. The event is a Cornhole Tournament to benefit the Jimmy Fund with an expected attendance of 50–100.

Renee Griffin, the event manager, explained that this will be the seventh year for the tournament, the last four of which have been held at Griswold Park. There were no opponents and the application was approved unanimously.

A similar license was approved for the New England Friends of Bosnia & Herzegovina, to be exercised on the grounds of the Susan B. Anthony Middle School on Sunday, September 29, from 1 p.m. – 7 p.m., with a rain date of Sunday, October 6.

Azem Dervisevic, the event manager, explained that this will be the ninth year of the festival, with the last two having been held in Revere, to celebrate the food and culture of Bosnia and Herzegovenia. The commission unanimously approved the application.

The commission approved an application for the transfer of a Common Victualler License to Papa Jack’s Revere, LLC d/b/a Papa Jack’s, 327 Broadway, from Bajza, Inc. The requested seating will remain at 12 with requested hours of operation from Sunday–Saturday 7 a.m.–2 a.m., which is an expansion of the current hours of operation of Sunday 12 p.m.–10 p.m., Monday–Wednesday 11 a.m.–10 p.m., and Thursday – Saturday 11 a.m.–11 p.m.

The new owner said the change in hours is to accommodate take-out orders only and the commission unanimously approved the application.

The commission heard an application from Two Brothers Hospitality, LLC, d/b/a Murray’s Tavern, 118 Broadway, John Murray, manager, for outdoor seating for an All Alcohol Restaurant license on the sidewalk outside the restaurant with requested outdoor seating of 56, with requested hours on Sunday from 11 a.m.–10 p.m. and Monday–Saturday 11 a.m. – 1 a.m.. The requested hours of entertainment would be the same and consist of live vocal/instrumental music not to exceed three pieces.

Mr. Murray explained that the new patio on the premises will be enclosed with shrubbery and there will be new lighting. “We want to create a food and beverage atmosphere for people in the city at the gateway to Revere,” he said. “There will be no drums, just acoustic music without amplifiers.”

However, Occena said that the 1 a.m. closing was concerning because of nearby residences and Murray agreed to reduce the closing to midnight. Ward 2 City Councillor Ira Novoselsky spoke in favor of the application. There were no opponents and the commission unanimously approved the application.

The commission approved an application by Uno Restaurants, LLC d/b/a Uno Chicago Grill, 210 Squire Road, for a change of officers/directors. Jonathan Coppola, an assistant manager at the local location, said there will be no changes to the operation of the restaurant. “The changes will be only at the corporate level,” said Coppola and the commission unanimously approved the application.

The first hearing concerned Lupita Revere, LLC, d/b/a Lupita Restaurant, 111 Shirley Avenue, Erasmo A. Guevara, manager. The agenda described the issues as follows: “Continual disruptions of the public safety and order, brawls, service to intoxicated patrons, violation of license closing rules, violation of on-premises license law, violation of entertainment license conditions.”

“We’ve had a series of complaints over several months,” said Selevitch, who noted that he had seen several police reports and complaints from neighbors and city officials. “This is a situation that the neighborhood has found intolerable,” Selevitch added.

Sgt. Sean Matthews from the Revere P.D. told the commission of the issues he has seen.

“I’ve never known a bar to cause a problem as much as Lupita’s,” said Matthews. “We’re there 4-5 nights per week. The problem is the music, which is not sound-proofed, so the noise is something incredible. Patrons also are outside being loud.”

A nearby resident testified about the problems the residents are facing. “This area was a quiet place until they came along,” he said. “The music plays loudly and patrons who come out are loud and drunk.” He also said that there was a fight recently in which women were throwing beer bottles in the street. “We are really suffering and we do not feel safe in the area,” he added.

Another resident said she calls the police almost every night. “My husband and I have health issues and have to sleep, but I cannot sleep,” she said.

Another resident added, “The neighborhood is scary because of the patrons who hang out outside. Patrons are relieving themselves in our backyard. This is the middle of the night — why is this going on in our city? We feel really ignored by our city officials.”

Yet another resident, a young man, said he works at a restaurant in Boston and is unable to find parking in his neighborhood when he comes home from work at night. He also noted that patrons relieve themselves in the street and continually are causing a disturbance.

“This is like a nightclub in Boston, but in a residential area and causing way more disturbance than nightclubs in Boston do,” he added.

Novoselsky, who represents the area, also spoke. “I’ve been called many times,” he said, including complaints about noise from residents on Nahant and Walnut Aves. because of the loud music.

Atty. Joe Franzese represented the establishment. “We’re not solely to blame for the lack of parking and all of the other issues the residents are talking about,” said Franzese, who noted that there are similar establishments on Shirley Ave.

 However, as Selevitch noted, Lupita’s initially opened as a restaurant and then expanded to become what he termed “a nightclub, much to the detriment of the neighborhood.”

Franzese noted that the owners have received an estimate for soundproofing and promised that “we will comply with all of the rules and regulations of the city of Revere.”

“From my vantage point, your client doesn’t seem very sympathetic to the complaints of the residents,” said Occena. “Over the past 7-8 months, this establishment has garnered about 13 complaints. Something needs to change and needs to change today.”

“This is not following all of the rules that it should,” added Monroy. “We absolutely need to make some changes today.”

Occena proposed a motion to roll back the hours to midnight for the restaurant and that all entertainment be shut off at 11:30. The commissioners unanimously approved the motion.

The next hearing concerned AM Salgado, LLC, d/b/a La Hacienda 2, 306 Revere Street, Aldo A. Callejas, manager, “into continual disruptions of the public safety and order and violation of the entertainment license law.”

Mr. Callejas and his manager appeared before the commissioners. Callejas discussed the issues and said that his establishment has taken steps to address the problems, including the installation of special soundproofing windows and the addition of a second security guard. Occena noted that the mariachi band, which plays until about 10 p.m., is “really loud” and pointed out that the complaints include patrons with beer cans in the streets that they have taken from the premises. 

Selevitch further noted that the entertainment license does not include a DJ, who comes on after the mariachi band.

A resident explained the scope of problems, including the loudness and vibration from the music played by the DJ; employees parking on the street in resident-only areas; and intoxicated patrons fighting, urinating, and even defecating in the street.

“There is no need to have a nightclub in this area, which is heavily-residential,” she added. “This had been a restaurant for many years (it was the former Maggio’s), but there never has been a problem until now. This is not an area for a 2 a.m. club.”

“The problem is that this is a nightclub,” said the long-time owner of an adjacent building. “The problem is the DJ, who is blasting bass that goes right through the walls, which are paper thin. I just lost a tenant because the noise is too much and another who said she is unable to sleep. A nightclub in a purely residential neighborhood is going too far. It’s a mistake and we need to fix it to improve the quality of life in that neighborhood.”

Michael Wells, head of the city’s Inspectional Services Dept., testified that these problems “are preventable if you respect the neighbors. These businesses have turned into something that they were not intended to be.”

Ward 5 Councillor Angela Guarino-Sawaya also spoke, noting that the neighborhood has been complaining “every single night about parking and partying outside at 2:00 a.m. People have been flying out of their parking lot drunk and there have been fistfights outside by patrons,” she said. “The DJ is the real problem and the place becomes more of a nightclub.”

She suggested that the hours for entertainment be scaled-back for 60 days in order to “calm their clients and maybe the clientele will change.”

“The DJ has to go because you do not have a license for a DJ,” said Selevitch, with Occena noting that the present license also does not permit dancing. The commission voted to roll the hours back to 1:00 a.m. for the restaurant, emphasizing that a DJ and dancing are not permitted pursuant to the existing entertainment license.

The third hearing of the evening pertained to Capri, LLC, d/b/a Capri, 1559 North Shore Road, Claudia Gallego, manager, “into a violation of on-premise liquor license law in serving alcohol after 2 a.m. and violation of entertainment license conditions.” Capri’s license allows alcohol to be served only until 12:30 a.m. in order to be compliant with a 1:00 a.m. closing time for serving alcohol.

Novoselsky, who lives 100 feet from the establishment, said, “I was shocked when I heard there was an issue. They run a nice business. Hopefully, they’ve learned a lesson as this is a first offense.”

However, Lieut. Sean Randall, who attends all of the License Commission’s meetings, noted that serving drinks at 2:30 a.m. is “way beyond their license and very disturbing. The officers who showed up that night said people were dancing and they were serving alcohol as if it were 10:00 at night. The officers said there were 19 drinks on the bar when they came in. I find it hard to believe that this is the first time they have done this.”

“I don’t think this is something we need to act on at this time,” said Occena to Gallego. “Hopefully, you will take heed to what we are telling you and that you need to operate within your parameters.”

The commissioners then voted to accept a motion by Occena to place the complaint “on file,” but with the understanding that it will be resurrected if there are future complaints.

The commission then adjourned until its next meeting on August 21.

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