Pittsfield Licensing Board Files Chili's Disturbance
PITTSFIELD, Mass. — The Licensing Board on Monday voted to not issue a suspension to Chili's for a disturbance that happened in December.
The decision on a late January hearing for Pepper Dining Inc. doing business as Chili's Grill and Bar was continued to this meeting so that the panel had time to review video evidence of a seemingly intoxicated man causing a disturbance about three months ago.
The board recognized that the chain restaurant has not been in front of them since it opened in 2018 and voted to place the incident on file for one year. With this, it will be referenced if there are any other incidents in the year and if not, it will be dismissed.
The violation in question was whether the man was intoxicated when he entered and was subsequently served at the restaurant or not.
Some members of the board expressed that they believed the man was intoxicated, but nonetheless the consensus was not to issue a suspension.
"My take on this is that there was a violation but I don't believe that there should be an actual suspension of the license given the totality of what happened," Chairman Thomas Campoli said.
After less than two beers, the man reportedly started being argumentative and was cut off at the bar. Staff members present said his behavior escalated and he was eventually escorted to the exit by the general manager, who had a struggle with him after he became angry at other patrons.
A bystander recorded this incident on a cell phone. This was reviewed by the board along with testimony from the police.
The man was arrested later that night after police were dispatched to his home and it is an ongoing investigation. Details about the individual or the nature of his arrest were not provided.
In conflicting reports at the first hearing, a member of the waitstaff told Police Officer Anthony Dayton that the man seemed intoxicated when he came in but the general manager and kitchen manager refuted this claim, saying the staff said the patron seemed "fine" before escalation.
Andrew Upton, an attorney representing Chili's, and its manager attended the hearing to provide additional testimony.
They argued that the man did not act intoxicated and that some of the personnel did say he seemed "off" that day, as he was a regular. The arrest that occurred later that night was also pointed to.
Upton said both the manager and the corporation take this incident very seriously. He has met with staff members individually and asked them to keep a special eye on individuals drinking by themselves or acting tired or different on top of the TIPS alcohol training.
He added that if there is more Chili's can do to prevent this from happening again, they will do it.
Board member Richard Stockwell motioned to keep the incident on file for a year.
"I believe that the gentleman that came in and started the fight, the disturbance at Chili's was intoxicated prior to going in from the evidence that I've heard from the police and from the interviews through employees there," he said.
Having owned a bar before, he said it is rare for a regular to cause a problem at his or her bar.
Stockwell recognized that Chili's has not been in trouble with the board before but wanted to put them on probation for a year in filing the incident.
Board member Kathy Amuso agreed, observing that there were things that weren't done right but there was control taken to not have the situation escalate.
In other news, the new owner of Patrick's Pub John McNinch is hoping to open the restaurant at the end of next week.
McNinch, the former owner of The Olde Heritage Tavern and proprietor of 101 Restaurant and Bar, was in front of the board in early February to have the two license transfers and a manager changed switched over.
Though the ownership will change, the intent is to preserve the nearly 40-year-old restaurant's vibe.
In this meeting, the pub's entertainment license was approved.
The board also heard news about a potential tenant that is interested in filling the former J. Allen's Clubhouse Grille on North Street. An attorney representing the owners reported that there is a potential tenant looking to occupy and is also interested in the liquor license.
He requested — and was approved — for an update to be continued for three months, as negotiations are intended to be discussed within the week.
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