July 11, 2022

“MADAM CHAIR, I MOVE TO PROCLAIM THAT THE TOWN OF NORTH READING IS A PURPLE HEART COMMUNITY, AND TO READ THE PROCLAMATION. MOTION BY: ~ MR. WALLNER SECONDED BY: MR. O'LEARY VOTED BY: MR. STUTO AYE MRS. GONZALEZ AYE MR. WALLNER AYE MR. O'LEARY AYE MRS, MANUPELLI AYE Owned, Land- Map 8, Parcel 196 (12 Audubon Road) PASSED OVER Next order of business. Show Cause Hearing -Route 28 Lucky Mart Attorney David L'Esperance (BPO #657083) was present representing Smokes and Snacks d.b.a Route 28 Lucky Mart. Vimal Patel was attending via zoom. Attorney L'Esperance wanted to say that the Purple Heart presentation was very moving. He then said they are not disputing any of the allegations but wanted to say that Mr. Patel is selling the business and leaving the Town of North Reading. Mr. Patel realizes he left an employee in charge that did not do the right thing. The situation should have been properly handled by his employee. Attorney L'Esperance said as a former Chief of Police himself he understands how important this law is to the cities and towns that undertake the responsibility and he explained this to Mr. Patel. He also added he understands there are prior disciplines and they will "fall on the sword" and accept a suspension and in the meantime plan to put together a Transfer of License. Chair Manupelli said they would consider Attorney L'Esperance suggestion but does not know what the pleasure of the Select Board will be regarding the same. She then.polled the Select Board if they wanted to hear the report by the Police Department or make a judgment now. Mr. O'Leary wanted to have the Show Cause hearing first. Mr. Wallner wanted to know when this sale is supposed to take place. Chair Manupelli said that they will have to come to the Select Board for approval anyway. Attorney L'Esperance said negotiations are underway. A P&S has been signed. Ms. Gonzalez, Mr. Stuto and Chair Manupelli also wanted to begin the Show Cause. Mr. Gilleberto said they have had 3 violations with increasing amounts of suspension time from 3 days, 5 days and then 21 days. Chair Manupelli asked when the last offense was. Mr. Gilleberto said January 2021. Chair Manupelli said they were joined by Lieutenant Mark Zimmerman who read the report into record. Chair Manupelli asked the Select Board if they had any questions. There were none. She then asked Attorney L'Esperance if he had any questions and he added he already made the initial offer and stipulated that any action taken outside of that he was there to protect his client's appellate rights. Mr. Gilleberto added that all the previous violations were sales to minors in stings. Violation 1 was in July 2019 with a 3 day suspension, Violation 2 was in December 2020 with a 5 day suspension, and lastly Violation 3 was in January 2021 with a 21 day suspension. Chair Manupelli stated that the facts are not disputed and they need to have a discussion on what disciplinary action to take. Mr. O'Leary suggested that due to the fact the transaction is close at hand in relation to transferring the business ownership and based on Attorney L'Esperance statement one of the contingencies of the sale is the alcohol license transfer. The Licensee has proven to be incapable of proper execution of the license, he suggests they suspend the license effective Wednesday (July 13, 2022) until the LLA (Select Board) and ABCC can approve a new Transfer of License. Basically not allowing Lucky Mart to operate and get some responsible new owners in the building. Ms. Gonzalez said she likes the idea of a suspension for good for Lucky Mart and they are never sell any alcohol again. She questioned if they revoke the license can they prevent a new owner's ability to obtain a license. Does it "go up for grabs?" Chair Manupelli said if it gets revoked the Licensee's Attorney would appeal and that would go through a hearing process too with the ABCC. Attorney L'Esperance wanted to add that a Transfer of License cannot happen if a license is under current discipline. He asked for a date certain or under open discipline. He suggested a 20 or 30 day suspension or by next meeting in August or September. Chair Manupelli said that they never had a 3 violations in a row. Mr. Gilleberto added that the licensee has a certain number of days to appeal to the ABCC and then will be under their purview and timeline. They would have to have a Hearing and then issue their decision and that will take time if the license is revoked. Chair Manupelli said yes it stays with the ABCC until it's adjudicated and cannot be reissued until then. Mr. Stuto wanted to know how to impose a monetary fine. Chair Manupelli said that the Select Board is only the LLA and they can suspend, revoke, and roll back hours but not fine. Mr. Stuto asked who can fine. Mr. O'Leary answered that the ABCC can do fines in lieu of suspensions, Mr. Stuto questioned if they can refer to someone who can. Chair Manupelli replied no as it is the Select Board job to take action in the Show Cause hearing. Mr. O'Leary gave background history on how Show Cause hearing in the past have gone when more than one offense had occurred with a business. Mr. Wallner asked if it was anyone else in front of them would it be normal to revoke the license after a 3" offense. Chair Manupelli said they never have revoked before. Ms. Gonzalez said she does not trust the licensee and she never wants them to hold a liquor license ever again. She also does not trust that it will be sold. Mr. Stuto added he does not want this to effect the new business owner. He wants to punish the outgoing not the incoming. Deliberations continued without interruptions with the Select Board, Mr. Gilleberto and Lieutenant Zimmerman. Attorney L'Esperance added that they are willing to voluntary surrender the license to the Town Administrator, Mr. Gilleberto tomorrow (July 12, 2022) and agree to not sell any alcohol and wait for the Transfer to be approved by the LLA. Further discussion occurred regarding harming the next owner and what happens if another business wants to go for the license. Chair Manupelli read M.G.L.138 Sec 64 first paragraph "The licensing authorities.” (second: O'Leary)

Read it in the official minutes, page 2 (PDF)