Key West Gets Restrictions Lifted, Fiesta Will Have Margaritas
NORTH ADAMS, Mass. — Two requests postponed at last week's License Commission meeting were approved on Tuesday during a heated session.
The discussions over a permit and a license condition were at times more a shouting match with an argumentative Commissioner Peter Breen.
Peter Oleskiewicz had requested a one-day license for Desperados to sell margaritas at the popular Eagle Street Beach Party and Fiesta, which he's been doing since 2009. But Breen raised issues about the city's open-container ordinance leading to Oleskiewicz having to get an opinion from the city solicitor.
That issue had not been raised in April when Bright Ideas Brewing had been granted a seasonal license to sell beer at Joe Wolfe Field during SteepleCats games.
Oleskiewicz was back before the commission on Tuesday to get his permit but said Breen had a "terrible tone" and was raising his voice at him.
The city councilor said he spoke with the mayor immediately afterward.
"His behavior as a committee member was unacceptable and he should not be seated," he said.
The fireworks continued with Michael and Laurie Bloom, who were before the commission on a review of the three-month restrictions place on their business, Key West, because of a shooting that had occurred near the bar. The people involved in the shooting had been inside the bar earlier in the night.
Breen and Commissioner Rosemari Dickinson had split on whether the license should include a doorman on Friday and Saturday nights. The Blooms had said they always have someone on the door those nights and on nights that may be busy, such as the Monday holiday.
A decision had been delayed because Commissioner Michael Goodson was not there to break the tie.
Dickinson's argument had been that the Blooms had followed the restrictions, had no violations and should not continue to be punished.
Breen kept going back to the original report from March 8 and questioning the Blooms over it, bringing up other hearings, another city's ordinance and the bar's doors. At some points, multiple people were speaking over each other with raised voices.
"I do feel like we're treated differently. But not by everybody," said Laurie Bloom. "That's just my feeling. I could be wrong."
Dickinson read into the record a letter from Police Chief Jason Wood, in which he stated, "When these provisions were put in place, my interpretation was these were only temporary in order to ensure proper practices were being followed and to ensure public safety ... ."
These provisions were met, he continued, and adding doormen on the weekends as a condition of the license "needs to be evaluated carefully."
"I would go as far as to say if the provision is to be added to the license, than every other licensed establishment should also be re-evaluated to establish the same thing."
The chief further wrote that he anticipated Bloom to continue his normal operating procedure as a "logical and responsible practice" but any future violations could lead to more punitive measures.
Breen pointed back to the March 8 report, in which Wood wrote: "It is the opinion of the investigating officers and myself that this incident that we're talking about could have been prevented ... ."
"We need to stop," said Dickinson. "We are moving forward with what we're doing today. We're not going back."
Breen then motioned for a recess "because we're not accomplishing anything."
"If you just take five minutes and listen to yourself and read what we're here for — we're not any more in March. We've done it. They've done it," said Dickinson.
"The chief is saying ... look at it very carefully. And if you do it for Key West, make sure you do it for all them. That's what it says I'm reading exactly what this says," Breen responded. "What I'm saying is, he said if there was a doorman this wouldn't have happened."
He and the Blooms argued about the doorman, who was on duty, had been interviewed by the police and whose statement was referred to in the March 8 meeting. The Blooms pointed out that the initial report had several errors, including allegations of underage drinking and overserving that were unfounded.
Dickinson asked for a motion and Breen motioned that Key West have a weekend doorman until a review on Dec. 31. Goodson seconded for more discussion but the motion was never voted.
"We're giving the businesses the opportunity for us to trust them to do what's right, and do what's supposed to be done," said Goodson. "I think at this point, we need to go forward and discuss what's on the agenda and complete that."
Breen said it was about structure so that police can check for compliance. If they're already doing it, it wouldn't cost more if it was on the license, he said.
"If you want to change behavior, then you change the consequences to make sure it's enforced," he said. "Mr. Bloom is smart enough to make sure that there is one there. If there is not one, it's his discretion. And right now, I'm not comfortable knowing that the discretion of having a doorman is on the owner instead of the Police Department."
Dickinson said the chief was not calling for this condition and had noted if something else were to happen, stricter punishment could be applied.
"We imposed something on him, he complied with what we asked him to do. Like any other punishment at any establishment. If you have a three-day suspension, you are suspended for three days," she said. "We don't revisit their license and we don't impose anything else on them."
Breen argued that it wasn't a punishment but rather a positive, like what happened with the State Street T months back in assuring their employees were trained.
Michael Bloom said violent actions happen all over the city, including at the Big Y.
"If something happens, we react to it, immediately take care of it. Right?" he said. "If you've got to call the police, call the police. If somebody is asked to leave, you say please leave."
Goodson made a second motion to lift the doorman restrictions, which was seconded by Breen to Dickinson's surprise. The motion then passed but the discussion continued.
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