WESTFIELD – The city’s License Commission conducted violation hearings last night for six alcohol-serving establishments where underaged people, working in corporation with the Police Department’s Community Policing Unit, were served during a Sept. 11, 2014 sting operation.
The Commission members urged the licensees to become more proactive in enforcing the state law prohibiting the sale of alcoholic beverages to minors. The commission also questioned the policies and staff training procedures in place at the establishments which failed the sting.
The License Commission meted out punitive action ranging from a four-day suspension, the most severe, to warning letters stating that further sting failures may result on a suspension of the liquor license.
A four day suspension was issued to Pasquale’s Restaurant on Elm Street based upon its violation history which includes several sting violations and the fact that the commission had issued a suspension for a prior violation which was held in abeyance, meaning that it was not enforced at the time it was imposed, and that the licensee was on a type of administrative probation.
Last night the commission issued a four day suspension to be served starting Nov.18 through Nov. 21. The board members approved an additional suspension of three days to be held in abeyance for six months. The restaurant can remain open for dining, but alcoholic beverages will not be available.
The state Alcoholic Beverage Control Commission provides guidelines for local commissions dealing with violations of state law. Typically a first time offender can be issued a suspension for up to three days, while a second time violation may result in a suspension of up to six days.
“Considering your history it could have been a lot worse,” Commission Chairman Christopher Mowatt said to restaurant owner Pasquale Cardenuto.
Commissioner Alice Dawicki supported Mowatt.
“I see that as being appropriate,” Dawicki said making the suspension motion.
The Pop the Cork package store located on East Silver Street in the Big Y plaza was also issued a fouraday suspension which will be held in abeyance for 12 months following their second sting failure.
The employee involved in the sale to a minor under 21 was told to notify the business owner and license holder following issuance of the complaint, but failed to do so, and was discharged when the business owner was notified to appear before the board .
“We’re allowed under the ABCC guidelines to suspend a license up to six day for a second offense,” Mowatt said.
The commission voted to send warning letters to Tekoa Country Club located on Russell Road, Discount 76 package store located on Southwick Road and Shenanigan’s Pub and Restaurant on Elm Street. Further punitive action was not taken because of the good history and procedures put into place to prevent sale of alcohol to persons under the age of 21.
Sgt. Eric Hall of the Community Policing Unit commended procedures in place at several of the establishments and said the sting failures were not systemic at those location, but the result of human failure … and the inability to do simple math.
The owner of Mr. Phipps, George Phillips, asked that his violation hearing be continued to the board’s Dec. 8 session because his attorney had a scheduling conflict in Monson last night. The violation is the second this year at the North Elm Street package store.
