the 4-1-1 | Keeping you dialed in

Yet another black owned venue has come under scrutiny from a Licenscing Commission, this time the target is Progressions Lounge in Brockton. Full email and correspondences from Progressions after the dial.

As some of you may know, The Brockton Licensing Commission, The ABCC, and the City of Brockton,  has been giving Progressions a real hard time. They have already closed our 2^nd floor for no logical reason and now they’re trying to roll back our closing time to 1:00 AM.  If you read the attached letter you will see that The License Commission only rolls back the operating time of Black establishments and gives the White owned establishments a slap on the wrist. In the conflict of interest letter you will see that they’re trying to close Progressions down because construction has began on a 250 unit condominium project 155 feet away from us. We need your support at the licensing hearing on Wednesday July 9, 2008 at 6:00 pm. The meeting will be held at Brockton City Hall, G.A.R. Room,  145 School Street, Brockton, MA 02301. We will meeting at Progressions at around 5:00 PM and going from there.

Letter To Brockton License Commission

BAMN, LLC dba
Progressions Lounge
Jeffrey D. Summers, Manager
23 Montello Street
Brockton, MA 02301

June 2, 2008

City of Brockton
License Commission
Brockton City Hall
45 School Street
Brockton, MA 02301-9927

Dear Chairman Holmgren, and Commissioners Fontaine, Malley, Cotter, Sullivan, and Kelley:

I am scheduled to appear before you for a public hearing at the next meeting concerning the public need to decrease the hours during which the sale of alcoholic beverages may take place at Progressions Lounge. You have called me to appear before you because of the following alleged violations:

1.    ABCC Rule 2.05(2), to wit:  “No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises.  The licensee shall be responsible therefore whether present or not.”
2.    Brockton License Commission Rule 8, to wit: “The last drink must be served before the closing hour. All glasses and bottles must be cleared from the tables or bar by 15 minutes after the closing hour. All customers must have left the premises by 30 minutes after the closing hour. Any licensee and his employees shall not be prohibited from being upon such premises at any time for the purpose of cleaning, making emergency repairs to, or providing security for, such premises or preparing food for the day’s business or opening or closing the business in an orderly manner. They may not drink after the closing hour.”

I appeared before you On May 15, 2007 to answer to these exact two charges, and at that time the penalty for a guilty finding remains the same, a decrease in the hours during which the sale of alcoholic beverages may take place. I was very fortunate to have been found not guilty of all charges.

I have noticed that over the last few years the Brockton License Commission has decreased the hours (rollback) of several establishments when the establishment was found guilty as charged. Besides revocation, a rollback is the worst penalty that a licensee can sustain. For the Commission a rollback is very convenient since it cannot be appealed to the ABCC, because cities and towns control all times from 12:00 AM through 2:00 AM. Chairman Holmgren has called a 2:00 AM license a privilege, and including the license that my establishment currently holds there are approximately 30 other establishments in the city that hold 2:00 AM licenses. I am very grateful to have been granted the privilege of extended hours; I, my partner Shawn Yard, and all of our employees have done everything that we can do to protect our license. A rollback would totally devastate our business.

I would like to know if the Commission has an exact criteria that it follows as to which offenses constitute a rollback, compared to a warning, a letter of reprimand, a fine, a 3- day suspension, a 5- day suspension, a 21- day suspension, or a revocation?

The following establishments have been found guilty of various charges but none of them have been given the penalty of a rollback:

Joe Angelo’s Café was charged with the following violations:
1. ABCC Rule 2.05(1) permitting unauthorized gambling on the licensed premises.
2. ABCC Rule 2.05(2) permitting an illegality to take place on the licensed premises.
3. Brockton License Commission Rule 5, to wit: There shall be no…..gambling on the licensed premises…”

The licensee was observed for 5 weeks by local and state police conducting illegal gambling games and was found guilty of all charges. The Commission penalized the licensee with a 5- day suspension. The licensee appealed to the ABCC and had the suspension overturned.

Sump’ n Special Café was charged with the following violations:
1. M.G.L. Chapter 138, Section 34, to wit: “….whoever makes a sale or delivery of any such beverages to any person under twenty-one years of age, either for his or her own use.”
2. Brockton License Commission Rule 6 (Restaurant License) (2 counts), to wit: “All alcoholic beverages sold must be opened and consumed on the premises.”

The licensee was found guilty of both charges. The Commission penalized the licensee by placing a letter in the file.

Pisces Lounge was charged with the following violation:
1. ABCC Rule 2.05(2) permitting an illegality to take place on the licensed premise, to wit: “sale, distribution, and or possession of drugs.”

The licensee was being observed for more than 5 months and was found guilty as charged. The Commission penalized the licensee with a 21 day suspension.

Alamo Café was charged with the following violations:
1. M.G.L. Chapter 138, Section 69, to wit: “No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises.”
2. Brockton License Commission Rule 22, to wit: “All doors and windows shall remain closed at all times from 12:00 noon to closing.”

The licensee was found guilty of the first charge and there was no finding on the second charge. The Commission penalized the licensee by placing a letter of reprimand in the file.

Westgate Lanes was charged with the following violation:
1. M.G.L. Chapter 138, Section 34, to wit: “….whoever makes a sale or delivery of any such beverages to any person under twenty-one years of age, either for his or her own use.”

Three underage female patrons were arrested at Westgate lanes by Brockton Police for disorderly conduct, and the bartender admitted to serving them alcoholic beverages, but because the girls had fake ID’s that were checked by an ID checking device the Commission found them not guilty and the licensee received no penalty.

Doyle’s Pub, Main Dragon, and Sump’ N Special Café has been charged with the following violation:
1. ABCC Rule 204 cmr2.05 (1) permitting illegal gambling.

These three establishments were caught in a sting operation by ABCC investigators posing as patrons. The undercover agents illegally received payouts from poker machines.  Although all three establishments were punished by the ABCC, The Brockton License Commission never called them for a hearing and never rolled back their extended hours (privileges).

Footnote:
After a violent night in which four people were shot and wounded outside of Joe Angelo’s Café, Councilor at Large Thomas Brophy asked the License Commission to consider rolling back the entire city to 1:00 AM. After a Citywide meeting at which the Commission asked all owners to attend, the matter was tabled indefinitely because of overwhelming opposition to the rollback.

The following establishments have been found guilty of various charges and all of them have been given the penalty of a rollback:

Starz was charged with the following violation:
1. M.G.L. Chapter 138 Section 63A, to wit: “Any person who hinders or delays.”

Patrons outside of the establishment were involved in a fight. The fight escalated to the point in which someone pulled out a gun. As frantic patrons scrambled to get out of the way, one male patron ran back into the bar; the employees of the bar then locked the door so that nobody else could get in. The police tried to get in the door, but because it was locked they could not get in.  The Commission found Starz guilty of the charge and penalized the establishment by rolling their license back to 1:00 AM.

Morabeza was charged with the following violation:
1. Brockton License Commission Rule #8, to wit: “The last drink must be served before the closing hour. All glasses and bottles must be cleared from the tables or bar by 15 minutes after the closing hour. All customers must have left the premises by 30 minutes after the closing hour. Any licensee and his employees shall not be prohibited from being upon such premises at any time for the purposes of cleaning, making emergency repairs to, or providing security for, such premises or preparing food for the day’s business or opening or closing the business in an orderly manner. They may not drink after the closing hour.”

The Brockton Police reported that on New Year’s Eve the establishment was still letting patrons enter after 2:00 AM and that alcoholic beverages were still on the bar and tables after the closing hour. The owner/manager said that he had an extremely large crowd because of the New Year’s celebration and that it was hard to clear them out. The owner also stated that they were not letting new patrons in after the closing hour, but that existing patrons were coming back in to wait for patrons that they came with. The Brockton License Commission found Morabeza guilty of the charge and penalized the establishment by rolling their license back to 1:00 AM.

Cristal Restaurant was charged with the following violation:
1. Brockton License Commission Rule #8, to wit: “The last drink must be served before the closing hour. All glasses and bottles must be cleared from the tables or bar by 15 minutes after the closing hour. All customers must have left the premises by 30 minutes after the closing hour. Any licensee and his employees shall not be prohibited from being upon such premises at any time for the purposes of cleaning, making emergency repairs to, or providing security for, such premises or preparing food for the day’s business or opening or closing the business in an orderly manner. They may not drink after the closing hour.”

A Brockton Police Officer stated that while on patrol as a license agent and checking establishments, he noticed that the back gate to Cristal Restaurant was pulled half way down. When the police entered they saw patrons inside sitting at a table and the table had drinks on it. The owner/manager said that the people sitting were part of the band and that they were not drinking. When the licensee was called in for a hearing the Commission informed the licensee that this was their second time being called in for the same offense and that “they needed to be sent a message.” The Commission found Cristal Restaurant guilty of the charge and penalized them with a 12:30 AM rollback. When the licensee argued the rollback; the Commission rolled back the license even further to 12:00 AM.

Tekoah was charged with the following violation:
1. Brockton License Commission Rule #8, to wit: “The last drink must be served before the closing hour. All glasses and bottles must be cleared from the tables or bar by 15 minutes after the closing hour. All customers must have left the premises by 30 minutes after the closing hour. Any licensee and his employees shall not be prohibited from being upon such premises at any time for the purposes of cleaning, making emergency repairs to, or providing security for, such premises or preparing food for the day’s business or opening or closing the business in an orderly manner. They may not drink after the closing hour.”
2. ABCC Rule 2.05(2) permitting an illegality to take place on the licensed premises.

The Brockton License Commission found them guilty of both charges and penalized the establishment by rolling their license back to 1:00 AM.

Bar Dino’s was charged with the following violations:
1. Brockton License Commission Rule #8, to wit: “The last drink must be served before the closing hour. All glasses and bottles must be cleared from the tables or bar by 15 minutes after the closing hour. All customers must have left the premises by 30 minutes after the closing hour. Any licensee and his employees shall not be prohibited from being upon such premises at any time for the purposes of cleaning, making emergency repairs to, or providing security for, such premises or preparing food for the day’s business or opening or closing the business in an orderly manner. They may not drink after the closing hour.”
2. ABCC Rule 2.05(2) permitting an illegality to take place on the licensed premises.
3. Brockton License Commission Rule #6, to wit: “All alcoholic Beverages sold must be opened and consumed on the premises.”

The Brockton License Commission found them guilty of charges #2 and #3, and penalized the establishment by rolling their license back to 1:00 AM and suspending the license for five days.

Footnote:
Lieutenant Edward Williams of The Brockton Fire Department, who works very closely with the Commission, currently has criminal charges filed against the owners of Tamboo and Tekoah. In the past Lieutenant Williams has filed criminal charges against the owners of Emysafari Dance Club and Starz. These charges have been the result of occupancy checks.

The bar, restaurant, and nightclub business in Brockton is very competitive. We are competing with other establishments in the city as well as Boston and Providence. I, like most of my competitors; would love to be the most popular establishment around, but not only because we are allowed to stay open later. Conversely, I would not want to lose my clientele to another establishment because I got rolled back. All establishments should be playing on a level playing field, but right now it appears that only certain establishments are allowed to play on that field.

Cordially,

Jeffrey D. Summers
President, B.A.M.N. LLC

cc:
Atty. Steve McClenan
Atty. Elizabeth Clague
ABCC
MCAD
Brockton Enterprise
Boston Herald
Boston Globe
Chris Charlot, Tamboo
Tony Rodrigues, Cristal Restaurant
Israel Shear Yashub, Tekoah
Florencio Lopes, Morabeza

Brockton License Commission Conflict Of Interest

BAMN, LLC dba
Progressions Lounge
Jeffrey D. Summers, Manager
23 Montello Street
Brockton, MA 02301

June 5, 2008

City of Brockton
License Commission
Brockton City Hall
45 School Street
Brockton, MA 02301-9927

Dear Chairman Holmgren and Commissioners:

As a result of a petition bought forth by one of my abutters, John O’Connor, the second level and the outside deck at Progressions is closed indefinitely. Mr. O’Connor and his attorney, Frederick Riley, who is the former Chairman of the ABCC, found an obscure loophole to bring forth this action. They have been trying for more than four years to have my establishment closed, and at a recent ABCC hearing they presented more suspect evidence that the whole building should be closed. The reason that they would like to have Progressions closed is because Mr. O’Connor has a deal in place with The Economic Development Finance Corporation (EDFC) to provide parking for the Renaissance Village Condominium development. The parking lot that Mr. O’Connor would provide for the condominium project directly abuts Progressions.

The Renaissance Village Development is the staple of the revitalization of downtown Brockton. The development will consist of approximately 250 residential, commercial, and retail units. According to the City of Brockton’s Comprehensive Policy Plan this project has been in the works for 10 years.  This project is a collaboration of many different groups including: The Brockton 21st Century Economic Development Corporation, The Brockton Redevelopment Authority, Southeastern Economic Development Corporation, The City of Brockton Planning Board, and The Metro South Chamber of Commerce. This project is only 155 feet away from Progressions and construction is expected to be completed by the summer of 2009.

I recently spoke to a senior official with the EDFC, and I was informed that their company has been working very closely with The Brockton 21st Century Economic Development Corporation and The Brockton Planning Board. In addition, I was informed that those two groups were very instrumental in helping to change the zoning from C-3 to 40R Smart Growth Zoning. Without this zoning change the project would not have moved forward.

Massachusetts General Law Chapter 40 explains Smart Growth Zoning; who is eligible and what it does. In short it’s a state subsidized program that encourages cities and towns with older outdated buildings and infrastructure to change their zoning district to 40R. They will be granted money for each residential unit that is built, with a percentage being made available for affordable housing.  In order for an area to be zoned 40R; they must be near a transit stop, be near areas of concentrated development, and be in a town center or other suitable location. Under the current Smart Growth Zoning laws, Brockton will receive $350,000 when the approval process for the 250 units is complete. The city will then receive an additional $3000 per unit (250 x 3000) or $750,000 when the project is complete.

Since Chairman Holmgren is the Treasurer on the Executive Committee of The Brockton 21st Century Economic Development Corporation and Commissioner Paul Sullivan is a member of The Brockton Planning Board, I am requesting that they recues themselves anytime BAMN LLC dba Progressions Lounge is at a hearing in front of The Brockton Licensing Commission. In addition, I was informed that Chairman Holmgren’s brother, John, of JK Holmgren Associates is in the running to be the engineer for the Renaissance Village project.

MGL Chapter 268 addresses everything that is relevant regarding the conflict of interest laws. The Executive Director of the Massachusetts State Ethics Commission says that “The conflict of interest law was created to ensure that public officials do not intermingle their private interest with public interest.  Such intermingling diminishes the public’s confidence in the integrity of the decisions that public officials make.”

Thank You,

Jeffrey D. Summers

cc:
Atty. Steven McClenon
Atty. Elizabeth Clague
ABCC
Brockton Enterprise
Mass State Ethics Commission