NORTH ADAMS, Mass. — The License Commission continued a hearing on Key West to next month to allow for a consultation with the city solicitor.

 

The State Street bar is accused of both underage serving and overserving related to an incident on Nov. 15. Commissioner Peter Breen asked for the chance to confer with the solicitor on fines or charges.  

 

According to Police Chief Mark Bailey, parents called police at about 11:30 on that Saturday night to report at least five underage drinkers in the bar. Officers who responded found two intoxicated 20-year-old men inside. 

 

"They did indicate that they were allowed into the bar, that they were not carded, and that's where they were drinking," said Bailey, adding that they told police they had been drinking at another establishment before entering Key West. However, that bar did not have video surveillance and their presence there could not be confirmed. 

 

"Based upon the video surveillance footage and cross-referencing that with our bodycam footage, it looked like neither of these two individuals were carded as they walked in."

 

One of the men had been dragged out by his mother and then re-entered the bar without being carded.  

 

"They were drinking in the establishment for about an hour and 40 minutes, drinking beer and obtaining and purchasing shots as well," the chief said. 

 

Bailey said the bouncer was caught in a lie after saying he didn't recognize the description given of the man who entered twice — but is seen on video going directly to him and taking away his beer when the officers arrived. Video also showed the underage drinker "slipping" by the bouncers at the door. 

 

"My only concern is that we want to work well with the bouncers. We want to work well with the liquor establishments. We can't waste our time and resources following up on just the blatant lies, because they were allowed in the bar," said the chief. 

 

Owner Michael Bloom said he was not at the bar that night but had taken several actions in the last few years to reduce problems: the video surveillance system, an ID reader, posting two bouncers on weekends and stopping service before midnight. Some of these changes were required after a shooting in 2022.

 

"I think what happens is that they get complacent with seeing the same faces, they don't scan," he said, adding that the bouncer had told him that he didn't know the 20-year-olds. 

 

"We don't want underage in the building. You all know that I don't want it. I don't need it. I don't need the headaches. I don't need this."

 

Every employee is certified in TIPS (Training for Intervention Procedures) and has to sign and agreement spelling out what is expected of them in job performance, Bloom said. "This incident, I think that the team, they let me down because I'm here and I don't want to be here for these type of things. ... It embarrasses the bar." 

 

Bailey said Bloom has been very helpful in the past in working with police.

 

"Again, I can't stress it enough, a week later we had a stabbing in that area Key West was very beneficial with helping us out in that instance," the chief said. "I think this was just a one-off, involving people that worked there, not so much the actual owners of the establishment."

 

Breen said he was very concerned not only at the underage drinking but the amount, counting up 15 or 16 beers and shots based on video screenshots. He said state law provided for fines and jail time for violations and that the employee broke the law. 

 

"When a policeman says people are falling over, walking out the door, that's frightening," he said. "That's frightening when the police are there and these underage drinkers are taken out by mom and five minutes late that they're back in there, so parents are depending on us to do our job, and it failed. Somebody could have got killed."

 

Bailey said he did not believe criminal charges could be brought against the bartenders because there was no intent — they would have assumed the patrons were of age because the bouncer had allowed them in. As to civil fines, he said he didn't believe that was in his purview, which is why he brought it to the commission. 

 

Commissioner Rosemari Dickinson said Bloom, as the licenseholder, would be responsible for anything that happened in the bar. Breen responded that the statute specifically says "server" not license holder. 

 

"I would say that since we're throwing this around and not feeling comfortable about making a decision, we can motion for a continuance for a date certain," said Dickinson. 

 

The commission set a date for Feb. 10 at 1 p.m. to give time to get an opinion from the solicitor.