Officers, Methuselah Staff Commended for Handling Impaired Patron
PITTSFIELD, Mass. — The Licensing Board on Monday dismissed a complaint against Methuselah Bar & Lounge and continued another one against Crossroads Cafe into January.
The show cause hearing for Methuselah was related to an incident in November when a patron had to be taken to Berkshire Medical Center after becoming so inebriated she couldn't stand up despite not apparently drinking in excess.
After hearing from Officers John Torra and William Straub, and bartender Alanna Bassett, the board members decided that the venue had done everything it should have.
"We on the board know that there has been problems that Methuselah has had over the past couple of years," said member Richard Stockwell. "I find no negligence on the part of the bar whatsoever. And instead, I think it was handled as well as it could be expected to be handled under the circumstances."
Torra, who was off-duty at the time, told the board he was sitting at the bar with a couple of friends when the woman came in and sat down next to him. He said she seemed fine and then suddenly was not, prompting him to alert the bartender and owner Yuki Cohen, and then called for an officer.
She had consumed two vodka and cranberry drinks over a period of two hours and had ordered a third but only drank about half. The bartender took away the unfinished drink and Cohen tried to speak with the woman, he said.
When asked if there was anything different the staff could have been expected to do, he responded, "It's hard to tell. I mean, she went from appearing to be completely fine to extremely intoxicated very rapidly."
The woman, whose name was not given, could not give her name to the responding officer, could not unlock her phone and could not stand up.
Straub said his choices were to take her into protective custody or have her taken to BMC.
"We weren't sure if there was something else that, there was some reason why she went from how she, when she arrived it was explained that she was sober, in within three hours and to be less than three drinks, she was acting like this," said Straub. "I made the decision that she needed to be evaluated medically and transported to BMC and evaluated by professionals."
Bassett said she had served the woman before and confirmed she'd had two drinks over two hours and had seemed fine when she asked for a third. However, at one point the woman had left the bar to go to the bathroom and her condition changed after that.
"She wasn't behaving in a way that someone that you need to cut off is generally behaving," she said. "It was she didn't know what her name was. She didn't know where she was. She didn't know where she lived. ... It seemed like more, in my opinion, like something else was impacting her."
Straub said no blood alcohol level was taken and was not aware of what happened once she was taken to the hospital.
Board members Kathleen Amuso, Jody Phillips and Chairman Thomas Campoli agreed that the bar had acted appropriately. Campoli said he had some concerns at first on reading the report but, after hearing testimony, thought things were done properly and that the Police Department's response was "stellar."
The Crossroads Cafe hearing was continued because Campoli had to recuse himself and Amuso said she had a medical emergency. Stockwell took the chair to speak to owners Gerald Colvin and Gerald Colvin III.
"After reading the report, I find the situation at the Crossroads serious. I'm a little concerned waiting until Jan. 31 (when the board next meets)," he said.
Colvin senior said he knew they were having problems on Friday nights. He agreed to work with Police Capt. Michael Grady and said, "we'll get this straightened out."
The board also heard from several entities on license transfers. Peaslee Inc., doing business as Peaslee's Package and Variety, is seeking the transfer of an annual wine and malt package store license from Zuke's Soups & Variety.
Shane Peaslee said he is transferring his corporate interest to his sons Alexander and Brandon and that they will be taking over the business so he can semi-retire. He is working to directly transfer the license to the new corporation to expedite things. The business currently has a seasonal all-alcohol license that will expire on Jan. 15, but Peaslee said that is not an issue since they will close alcohol sales until March.
Attorney Anthony Doyle updated the board on two of his clients, the closed J. Allen's Clubhouse Grille with manager David N. Powell, and developer David Kahn. The restaurant has been attempting to sell its license and has had a couple queries, the most serious being a proposal to shift it across North Street to the former Sen Sushi restaurant in the building Kahn owns.
"It's a question of getting the license," said Doyle. "But he doesn't want to open and use the license, he wants to get a tenant to use the license in his building."
He thought this situation would be more clear by February. But Kahn was also the subject of a public hearing for the similar transfer of another license, that held by the former O'Bagels Cafe on Seymour Street.
His application was to transfer the all-alcohol restaurant license from Friends Grille & Catering to MKR 42 LLC, of which he is principal. Kahn purchased the cafe earlier this year along with the license and intends to transfer to new tenants.
"We just need to get the license out of O'Bagels Cafe, into the entity that purchased that and then we can transfer it to another individual," said Doyle. "We have absolutely no intention of opening even though I listed David Kahn as the manager."
The transfer was approved unanimously. No one appeared to speak to the continuation of a public hearing on the application for a Keno monitor for Xtra Mart on Dalton Avenue.
Tags: license board, alcohol license,
