4 – 13 - 09
At the meeting of the Randolph Board of Selectmen held Tuesday, April 13, 2009, the following were Present: Chairman Paul Connors, Vice Chairman James Burgess, William Alexopoulos, Maureen Kenney, Paul Fernandes, Town Counsel Paul DeRensis, Executive Secretary David Murphy and Recording Secretary Cheryl Sass. Meeting opened by Mr. Connors at 7:15 pm.
Mr. Burgess said the prayer and Mr. Alexopoulos led the Pledge of Allegiance.
Hearing – Sunnyside Café, 866 North Main Street – Request for a Common Victualler License
Motion to reschedule hearing to April 14, 2009 at 6:00 p.m. made by Mr. Burgess, seconded by Mr. Fernandes. Voted 5-0.
Hearing – Pole relocations, Warren Street and Mazzeo Drive
Motion to reschedule hearing to Tuesday, April 14, 2009 at 6:15 p.m. made by Mr. Burgess, seconded by Mr. Fernandes. Voted 5-0.
Hearing – Continued – Vault Room
Attorney Aieta presented a letter to be marked as Exhibit 16, to David Murphy from Cassis & Cayer, requesting police call logs. Letter in response and logs requested from Genesio, Holiday Inn, JD’s Pub, Randolph Country Club and Vincent’s marked as Exhibit 17. Letter dated 4/3/09 marked as Exhibit 18 to David Murphy from Cassis & Cayer to inspect records. Fax dated 4/6/09 from David Murphy to Attorney Aieta in response to 4/3/09 request marked as Exhibit 19.
Witness: Tad Bonvie, Owner
Mr. Bonvie and his wife purchased the facility 11 years ago and then purchased the entire building a year ago. He is the current owner of the building as well as the facility. Mr. Bonvie ran the facility under the name “Tino’s” for 4 months before doing business with people who wanted to rent it for functions. Mr. Bonvie worked with Chief Porter in implementing the security enhancements which included adding a walk-through metal detector at the entrance. Mr. Bonvie brought in a security company that does security for presidential debates, etc., and they suggested the walk-through metal detector as opposed to hand wands. The walk-through detector was added April 6, 2008. Wireless cameras were installed inside, but the signal has difficulty transmitting through the brick
building. The addition of the outdoor camera was not specifically mentioned at the time, but it was something Mr. Bonvie added regardless.
Mr. Bonvie stated that he is in compliance with the police chief’s requested number of detail officers. When there over 200 people, police details are added, and additional officers are added as the Chief requests. Detail officers work in pairs so there are either 2 or 4. Each pair of officers gets a key allowing them immediate access through the back door. He implemented a “staggered bar closing” with closing hours. Bar service ceases at 1:20, music at 1:40, allowing 20 minutes to clear the bar out.
The Event Promoter contacted Mr. Bonvie in December 2008, for a date for a birthday party. February 19th was chosen and the Promoter said there would be a DJ. The Monday before the event, Steve Mahoney was notified that the Promoter wanted to change the entertainment and have a performer named “Maxine” and an opening act. Mr. Bonvie said that was fine, but he would require an extra 2 police officers for detail, which is his policy if there is going to be a live band. He keeps an extra security person at the stage area. The next day, Mr. Bonvie added 2 officers, bringing the total to 4. Mr. Bonvie sends out a standard contract, and it is basically used for people who will be charging money at the door. The Promoter’s ticket sales were sold before
the event. The contract specifically states that no one under the age of 21 and no one under the influence of alcohol or drugs will be admitted. Mr. Bonvie stated that patrons under 21 tried to gain access to the club on February 19th, but they were not allowed in. The contract also states that no one is allowed to leave and return. People are allowed to use the smoking area outside and return, but if they leave the area and go out of sight, they are not allowed back in. The dress code that night was “clean and neat,” meaning no ripped jeans, no sneakers and no sportswear. There were people turned away for dress code violations that night. The only proper forms of ID are: Massachusetts Registry ID, a valid Driver’s License, a valid Passport or a valid Military ID. The club’s capacity is 390 people, including staff and police details. They were expecting up to 200 on February 19, however, there
were 133 people in the building on the night of February 19th. Mr. Bonvie stated that the club was overstaffed for the amount of patrons.
On the night of February 19th , Mr. Bonvie arrived at 9:00 p.m. The DJs were there preparing and the Promoter was there with some of his assistants. Mr. Bonvie discussed the underage patrons trying to get in with the promoter, and informed him that all performers, DJs and photographers get searched. There are no exceptions. Guests began to arrive between 10:30 and 10:45. When someone comes in, Steve Mahoney checks their identification. Once the id meets Mr. Mahoney’s approval, the patrons proceed to the payment window, if necessary. They are asked to remove any items in their pockets and if women have bags, they are looked through with flashlights with magnets on the end. The metal detector is state of the art – operator can see if LEDs light up.
Belt buckles, cufflinks, watches will all set it off. Once through the detector, they are searched with a hand-held metal detector. Once they are cleared, they retrieve their personal items and can enter the entrance hallway to hang their coat and enter the facility. It takes more time than people like to search the patrons, but nothing comes into the facility.
The four detail officers began outside and later positioned themselves inside. Officer Beal was between the outside and very inside door at the top of the steps. Officer Moy was standing at the security checkpoint next to the walk-through detector. Officers Frazier and Haygood were in the area making rounds inside and outside. Entertainment began shortly after 11:00. There were no security issues once the entertainment began. The opening act performed 2 songs. Mr. Bonvie does rounds and is constantly going from one checkpoint to another between the various bars and dance floor areas, checking to make sure that everything is going the way it is supposed to go and overseeing the staff and patrons. The staff is outfitted with hand-held radios. There is to be no chatter on
the radios, as they are mainly for Mr. Bonvie and Mr. Mahoney to give control orders to security staff when necessary. Mr. Bonvie uses an earpiece from time to time, but not always. He can use the radio without the earpiece. The night was “business as usual.” The front area is busy at the beginning of the night. It was 11:39 when Mr. Bonvie noticed a group of 6 or 7 people in one corner of the front bar area. Mr. Bonvie walked over and saw one individual who was being loud. He got closer and watched the situation for 30 seconds and realized the patron was not going to calm down. Mr. Bonvie decided to call for security to have him removed. He saw Officer Moy come around the corner with Officer Haygood and Officer Frazier behind him. Mr. Bonvie had intended to tell Officer Moy that he wanted the gentleman removed, but Officer Moy went directly to the patron. Once a police officer becomes involved in a situation,
it is their policy to step back. If they ask for assistance, security will assist. When Officer Moy informed the patron that he was going to leave, he refused. Mr. Bonvie did not see a drink in the patron’s hand. The officers then lead him out to the entry hallway where he stopped and asked why he had to leave. There were 5 or 6 people who left with him. Mr. Bonvie walked down behind the group and was standing by the metal detector when he watched them walk up the stairs. He assumed he was being escorted out of the club. Less than 30 seconds later, he heard Mr. Mahoney say “stop those girls.” He later learned that one of the girls was underage and had been denied access to the club earlier in the evening. The three girls didn’t get to a bar and were never served. It all happened in the span of a minute, minute and a half. When it was over, Mr. Bonvie went back to the front bar
where it was quiet.
He heard a commotion and was heading back to the front door to find what was going on when he learned that people were coming rushing through the front door. When he left the front door area, there was a security person, Officer Haygood and Officer Beal at the top of the stairs. Officer Haygood said something to him, but he could not hear him, and officer Beal told him to “shut it down.” He turned on the house lights, which is the signal to the bartenders to stop serving, and the DJ turned the music down. Officer Haygood came back to make sure they were shut down.
A few minutes later, Steve Mahoney told Mr. Bonvie that there were shots fired outside. Mr. Bonvie went outside after officers came in. He walked down to the rear of the building and learned from one of the officers that someone was at the Getty gas station. Mr. Bonvie felt that he was in control of the premises throughout the night.
He said he acted immediately to stop liquor service after the people rushed in. He was not asked any questions by the police that night. He was at the facility for another hour to hour and a half closing up. Mr. Bonvie contacted the Chief the next day to see if they had any information or knew who was responsible. The Chief told Mr. Bonvie that the person who was shot was being uncooperative and that he had been contacted by the Selectmen and he would like police security added for the time being. Two more police officers were added for Friday, even though there were only 100 people on a Friday night, and an additional 2 for a total of 4 on Saturday night. Mr. Bonvie agreed and explained that protocol was being followed. The Chief stated that he didn’t have a problem with the
employees and owners of the Vault Room, but with the clientele.
Mr. Bonvie recalled that he received a phone call from Officer Pantezelos asking if there was a video. Mr. Bonvie said that he told Officer Pantezelos that there was a tape and the police could come in anytime to see it and Officer Pantezolos said that Sgt. Marag would contact Mr. Bonvie later to view the video. Mr. Bonvie then called Steve Mahoney to set up the viewing, but no one from the police department ever called. When Sgt. Marag finally asked for a copy of the tape, Mr. Bonvie did not know how to make copies, but he informed Sgt. Marag that Officer Tuitt had done it in the past. After, Officer Tuitt contacted Steve Mahoney. No one ever came to view the tape and copies were not made. The day after the last hearing, Officer Tuitt contacted Steve Mahoney to make arrangements to
make a copy of the tape. Officer Tuitt copied the door camera tape from the time they opened to the public to the time they closed and later copied the 45 minutes prior to the club opening. Still pictures were taken from all of the cameras, along with a tape of the front bar bartender. The outdoor camera mount was damaged during the winter, so there was no camera. It would have been located on the corner of the building directed at the front door.
Mr. Bonvie stated that he decided to close and rebrand the Vault Room. He also plans to change the name the focus and do some remodeling. He is in the process of looking for an executive chef and hopes to gear the establishment towards a couple’s restaurant/lounge with entertainment.
CROSS
Chief Porter presented Exhibit 20 (3 DVDs), Exhibit 21 (Still photos), and Exhibit 21-A (description and commentary of photos and DVDs. Attorney Aieta objected to Exhibit 21-A (descriptions). Mr. Bonvie stated that there are five cameras total. There are two at each bar and one at the front entrance. One camera shows the cash register, the other shows the bartender making drinks and serving patrons. According to Mr. Bonvie, one camera at each bar shows patrons being served. The tapes were viewed, and copies of the tapes transferred the audio, even though Mr. Bonvie has never heard audio from them. Mr. Bonvie stated that all 5 cameras are part of the security system. He said that they are “observation cameras,” and if Mr.
Bonvie is in his office, he can see what is going on.
One camera at the front bar had been bumped, so during the first 40 minutes or so of the recording the camera was out of position. Chief Porter asked Mr. Bonvie if any of the other three cameras showed patrons purchasing drinks. Mr. Bonvie stated that he is sure one of the cameras did show a patron buying a drink. Mr. Bonvie estimated that 8-10 people bought drinks that night, which is unusual. Chief Porter asked Mr. Bonvie the true purpose of the cameras. Mr. Bonvie stated the purpose of the cameras is to monitor if someone goes up to the cash register who does not belong there, or if a bartender is stealing money or cheating customers. Chief Porter asked if Mr. Bonvie believes he has met the intent of the camera requirement, and Mr. Bonvie stated that he does believe he has met the intent,
as he understands it is to be sure that people are not breaking any liquor laws and that patrons coming in and out are properly searched and photographed.
When Mr. Bonvie wants to schedule detail officers, he speaks to Dina. When he called Dina, he told her that he wanted to add 2 police details since they had never worked with this particular promoter before. He did not mention that he had concerns about that night. Chief Porter pointed out that number 19 of the contract states “approval of entertainment.” Mr. Bonvie stated that he approved the entertainment. “Hot Hits” represents current popular dance music. Top 40 includes rock-n-roll, dance music and hip hop. Mr. Bonvie has been in the music industry for 30+ years. It is his opinion that “Hot Hits” would bring people who want to dance to the club, as opposed to a bar room crowd.
Det. Lt. Sullivan asked Mr. Bonvie who is responsible for the entertainment. Mr. Bonvie stated that it is the responsibility of whoever is renting the facility and running the event. It is Mr. Bonvie and his staff’s responsibility to make sure no laws are broken and that the facility is secure. On February 19, Mr. Bonvie was told that a local performer named “Maxine” and an opening act would be performing. Tickets were presold. A copy of the ticket from the evening of February 19th was marked as Exhibit 22. The Headliner on the ticket says “Max B,” and the ticket reads: Admit one... “The Most Waviest Alive…” Max B. The Promoter’s name is not on the ticket.
Det. Lt. Sullivan asked Mr. Bonvie if he knew who is Max B is. Mr. Bonvie stated that he had never heard him. Det. Lt. Sullivan stated that Max B’s real name is Charles Wingate and he is from New York. He is out on bail on a murder and robbery charge in New Jersey. Det. Lt. Sullivan asked if it is Mr. Bonvie’s responsibility as the owner of the club to know who is performing at the club. Mr. Bonvie stated that it is not his responsibility. Lt. Det. Sullivan stated that recently, before Max B was scheduled to perform in Manhattan, he and his entourage were shot at. Mr. Bonvie stated that Max B was not at the club on February 19th.
Det. Lt. Sullivan asked Mr. Bonvie if there were gifts and balloons since the event was a birthday party. Mr. Bonvie said that there were some balloons, but it is not uncommon. Det. Lt. Sullivan said he felt it was uncommon that people would be charged to go to a birthday party. Mr. Bonvie said that he has had many people rent the facility for birthday parties and most charge their friends to get in. Mr. Bonvie also stated that if the performer was from New York, it would not be a local act, and it would not be uncommon for the main act to be out of the building until just before he would take the stage.
Mr. Bonvie marked the main entrance door, money booth and the security set up, and a chained off area on the interior floor plan marked as Exhibit 14. The chain was present and the money booth was collecting tickets that night. The front door camera was marked as #1. The main bar camera for bartenders was marked as #2. The camera for the two front registers was marked as #3. The camera for the service area was marked as #4 and the camera for the back register was marked as #5.
Detective Michael Tuitt (eleven years on the Randolph Police Department) was sworn under oath by Mr. Burgess.
Mr. Bonvie stated that he watched the tapes and saw patrons at the other camera. Mr. Bonvie believes that the officers viewed the tapes and were concerned only with the altercation that happened at the front bar. There was a waitress that night, but she did not serve any drinks. Mr. Bonvie saw 8-10 people being served. One camera was misdirected and pointing to the floor. The other tape that Mr. DeRensis has not seen shows patrons being served, but the focus at the time as he understood it was to find footage of the front bar altercation of the gentlemen and his 5 friends.
Lt. Det. Sullivan stated that he Board of Selectmen voted to place a letter of reprimand in the Vault Room’s file which calls for appropriate security cameras throughout the club. He asked Mr. Bonvie if, on the night in question, focusing on the words “throughout the club,” were there functioning and operating cameras throughout the club. Mr. Bonvie stated that there were, and that they were the cameras identified on the interior floor Plan. There was no camera in the dance area. Lt. Det. Sullivan asked Mr. Bonvie if the dance floor fit within the phrase “throughout the club?” Mr. Bonvie stated that it “could” fit within the phrase. Lt. Det. Sullivan asked Mr. Bonvie where the camera is located for the VIP area. Mr. Bonvie stated that the
cameras are motorized and can be focused on any particular area. Adjusting the camera angle is the responsibility of Mr. Bonvie or Mr. Mahoney. He does not recall how many times the camera was turned toward the VIP area on February 19th. Mr. Bonvie stated that “appropriate security cameras throughout the club” is a matter of opinion.
Attorney DeRensis asked Mr. Bonvie if the contract states that “all entertainment shall require advance approval.” Mr. Bonvie stated that “all entertainment” actually means the type of entertainment, not the name of the performer. Mr. Bonvie said that he prepared the contract himself and that the name of the performer is never put in writing. Attorney DeRensis asked if Mr. Bonvie thought it was important to Investigate of who is entertaining in the club, and Mr. Bonvie stated that Cori Laws do not allow him to do that.
Attorney DeRensis asked Mr. Bonvie if he has ever looked into a person entertaining at the club and Mr. Bonvie stated that it is not his responsibility to hire the entertainment. The renter is responsible for the entertainment.
Attorney DeRensis asked Mr. Bonvie if he heard what the individual at the bar who caused the disturbance was saying. Mr. Bonvie stated that he was being rude and using foul language, which is not allowed in the club. Mr. Bonvie watched the group from across the room before walking over and standing beside them to listen and watch. He said that none of the people in the group were saying anything threatening. Mr. Bonvie saw that his friends were trying to get him to quiet down, but he would not. That was when he determined that he was going to have to be asked to leave.
Attorney DeRensis asked Mr. Bonvie if he turned the house lights on when he saw the crowd rush in. Mr. Bonvie stated that he did, and then Officer Haygood told him to “shut it down” so he turned on the remaining lights. This is a signal to the bartenders because he did not want anyone underage served since he did not know if the people rushing in were carded. Mr. Bonvie stated that less than a minute went by from the time that the crowd rushed in until the club was shut down. Mr. Bonvie stated that he could not hear Officer Haygood because of the noise, so they had to walk to where it was quiet and Officer Haygood told him to shut it down. Mr. Bonvie asked him what happened but Officer Haygood walked away.
Mr. Connors asked Mr. Bonvie if he provided all of the tapes requested of him. Mr. Bonvie stated that all of the tapes requested were provided.
Attorney Aieta asked Mr. Bonvie if he had any part in drafting the language in the July 2008 letter. He stated that he did not. Attorney Aieta asked if the letter states how many cameras are required. He stated that id does not. Attorney Aieta asked if the police have ever commented on the placement of the cameras. He stated that they have not. Attorney Aieta asked Mr. Bonvie if he had any information on any of Max B’s aliases before the event. Mr. Bonvie stated that he does not have the resources and that he has been informed by legal counsel that he is not allowed to do Cori Checks.
Ms. Kenney asked if he took any responsibility for the headlining act at the club. Mr. Bonvie said it is his responsibility to be sure that the entertainment falls under his entertainment license, and his responsibility to make sure that no entertainment goes on in the facility that is not allowed by his license.
Mr. Bonvie stated that one of the major changes he has made, aside from adding food and changing the musical themes is that he will no longer rent the facility to anyone who wants to charge a cover charge at the door. He will not rent the facility to someone who just is looking to throw a party and make money on it. They will rent to people who want to have family functions, but they will not rent to people charging cover charges at the door.
Mr. Fernandes asked Mr. Bonvie if, given the Vault’s history, does he have any understanding of how some townspeople feel about the Vault and why there is a negative connotation with the Vault? Mr. Bonvie answered yes and stated that he believes part of the problem is the way it was reported in the press. He would feel the same way if he only read the accounts in the paper. He knows what he is doing on the inside to change the way things are done. He has voluntarily taken the steps to close the facility, rebrand it and shift the theme of the facility for that very reason. Mr. Fernandes told Mr. Bonvie that the last time he was before the Board, he talked about shifting the theme, however, an incident occurred that would indicate that that the shift didn’t quite go far enough.
He asked Mr. Bonvie how he is changing the theme and if he would be giving up any of the licenses he holds with the new theme. Mr. Bonvie stated that the incident of February 19th was truly a private function that was booked as a birthday party. He would not give up any of the licenses because his intent is to open for dinner and then present entertainment and dancing for those who wanted to take part in that afterward. Hours of operation would be mostly the same, since people who go out these days tend to go out later. He would also like to do a function business.
Mr. Bonvie stated that the new facility will allow patrons under 21 years of age for the dinner service so that the could serve families, and there are plans for specific days and times where it would be angled more toward a family-style situation. During the evening, no one under the age of 21 would be allowed to enter. Mr. Bonvie believes that if it is truly a family event, he does not believe people will be charging admission. The only time he would allow that is for a fundraiser or benefit, but otherwise selling tickets in advance or charging at the door will not be allowed. If Mr. Bonvie chose to run the facility himself, he would charge a cover, but he would have complete control.
Closing
Attorney Aieta pointed out that the notice of hearing was insufficient as there are no specific charges listed against Mr. Bonvie. The charges came in the form of an inter-departmental memorandum and a letter from the Chief of Police to the Chairman of the Board of Selectmen. He argues that there is no evidence that there were any violations of the Laws of the Commonwealth, the ABCC, or the Licensing Board. An incident occurred on the night of February 19th, but the licensee did not play a role. They turned away people who did not have proper identification, or who were dressed inappropriately. With regard to the underage patron who snuck in, she was dealt with quickly and did not get to the bar. The security was stringent. They had 4 detail officers even though he only
was required to have 2. There is no mention of any intoxicated patrons in any of the 9 police reports. There was not a single officer doing field sobriety tests. There is no evidence of a sale or delivery to a visibly intoxicated or underage person being served alcohol. The staff complied and cooperated with the police. There was a situation with one of the patrons, but there was no evidence of a fight or punches thrown. The staff turned the matter over to the police and the staff cooperated with the police. Officers testified that they turned Mr. Price over to his friend to escort him out.
With regard to the people rushing into the club, the staff and Mr. Bonvie operated quickly and cooperatively with the police in shutting the club down. The Licensee cooperated with the investigation from start to finish. The Chief himself testified that he would recommend the security model to others and that all of the plans that were asked of them were implemented. He asked that the Board find the Licensee not guilty of any violations.
Chief Porter stated that he does not question the level of security that Mr. Bonvie provides. His concern is the ongoing violence by patrons of the Vault Room. As part of the June 30, 2008 hearing, there was an agreement with regard to the security cameras. Chief Porter takes issue with the fact that the security cameras are not focused on protecting the patrons of the club, but on the bartender and cash registers. There have been discrepancies about the number of patrons served. He has issues with the earpiece and the radios. There was a connection between what happened inside the bar and what happened outside the bar. He stated that Mr. Bonvie has a duty to protect his patrons, and a patron left his bar and then a few minutes later he was shot. There is
testimony that Mr. Price was intoxicated by Officer Moy. Officer Frazier stated that “all hell had broken loose.” Chief Porter stated that “no licensee shall permit any illegality to occur in or on the licensed premises. He repeated, in or on the licensed premises. The licensed premises extend to the outside. Mr. Bonvie has taken many measures to stop the violence; however, the public safety of the entire community has been compromised. He asks that the license be revoked, or at the very least, their operation hours be rolled back.
Mr. Burgess made a motion to continue the Hearing to Tuesday April 21st at 6:30 p.m. in the Selectmen’s Meeting Room. Seconded by Mr. Fernandes. 5-0
At 11:45 p.m. Mr. Burgess made a motion to adjourn seconded by Mr. Alexopoulos. Voted 5-0.
Clerk of the Board
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